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Statute Law of New Jersey 



RELATIVE TO 



CLAMS AND OYSTERS 




0. 
Compiled under the Authority of the 

Bureau of Shell Bj^enes of New Jersey, 

June: 1st, 1909 



lii 



TRENTON, N. J. : 

The J. L. Muephy Publishing Co., Printers 

1909. 



Statute Law of New Jersey 



RELATIVE 'JO 



CLAMS AND OYSTERS 



Compiled under the Authority of the 
Bureau of Shell Fisheries of New Jersey, 

June 1st, 1909 



TRENTON, N.^J. : 

The J. L. Murphy Publishing Co., Printers 

1909. 



Jftytwiniifay 
FEB 6 1916 












t) 



7 

^ 



Statute Law of New Jersey Relative 
to Clams and Oysters. 



1. AIST ACT FOR THE PRESE,E,VATIO'K OE 
CLAMS ANT} OYSTEES. 

Approved April 14, 1846, as amended and supplemented 
by subsequent acts. 

1. That from and after the first day of May until the Beds not to 
first day of September, yearly and every year, no person, certain 
under pretense of taking clams or shell-fish, or under any p^l.^ists, 
other pretense whatsoeiver, shall rake on any oysteir bed ^' 

in this state, or gather any oysters or shells on any banks 
or beds within the same; ancLin^c^se an,y person shall so 
do, whether oysters bei taken or not, he shall for every 
offense forfeit and pay (fifty) -doll a,ts, to be recovered, 
with cioists, by action of debt, by any person who shall 
prosecute; for the same in any court of recoird in thisi state 
having cognizance of that sum, one moiety thereof to the 
use of the prosecutor, and the other moiety toi the county 
collector, for the use of the county in which the offensie 
was commiitted; provided^ that nothing in thisi section 
shall be so construed as to prohibit any person or persons 
from taking oysters fro^m beds- plailted out by him or them 
pursuant to this law. 

2. That in case any persou residing in or without this penalty for 
state, shall at any time hereafter rake for or gather aredfes. 
oysters in any of the rivers, bays, or waters of thisi state, 

with a dredge, or instrument so called, or shall be on 
board of any canoe', boat or vessel employed in raking 
with such implement, such person so offending shall for- 
feit and pay the sum of fifty dollars, to be recovered in 
the manner and for the use mentioned in the necxt pre^ j^^^ j^ ^j^-ig 
ceding section ; provided, that this and the sixth section proviso. 

(3) 



4 STATUTE LAW OF Is^EW JERSEY 



Justices of 
the peace to 
issue war- 
rant, &c.. 



Penalty for 
offering oys- 
ters for sale 
at certain, 
seasons. 



Penalty for 
gathering 
oysters for 
lime. 



Vessels not 
to carry 
dredge. 



shall not extend, so' far as regards persons residing in 
this state, to the Delaware bay. 

. 3. That it shall l>e the duty of every justice of the 
peace, upon his own view or the information of any per- 
son on oath or affirin,ation, toi issue his warrant to: one. or 
more of the constables in his county, commanding him 
or them to require such and sO' many persons aS' he or 
they deem necessary tO' aid and assist liim or them in ap- 
prehending every person offending against either of the 
preceding sections, in any of the bays, riversi, or waters of 
this state, and forthwith to bring such offender, when ap- 
prehended, before the said justice, or any other justice 
of the peace of said county, tO' bei proceeded against in 
the manner hereinbefore directed. 

4. That if any person, shall hereafter sell, or* offer foi* 
sale;, oysters, in any pia,rt of this statei, between, the first 
day of May and the first day of SeptembeT, such person 
shall, foT every such offense, forfeit and pay five dollars, 
to be recovered and applied in manner directed in. and 
by the first section of this act. 

5. That if any peirson shall at any timei hereafter rake 
or gather oysters in any of the rivers, baysi or wa,t€rs of 
this st,ate, for the purpose of burning or converting them 
into lime, or for the purpose of conveying them tO' any of 
the landings to be used in the manuf acture of iron in any 
of the! furnaces of this state, ot shall land them on any 
bank or' landing for either of the purposes aforesaid, every 
person so offending shall forfeit and p'ay fifty dollars for 
each and every oft'ensei, to be recovered and applied in 
manner directed by the first section of this act. 

6. That noi canoe!, scow, boat or vessel, employed in 
navigating any of the waters, baysi or rivers of this state, 
shall have on board of the; same any instrimient called a 
dredge, for catching or raking oysters, or shell-fish ; and 
the master or owner or owners of every such canoe', scow, 
boat or vessel, that shall have on board of the same any 
such instrument, shall forfeit the sum of fifty dollars, to 
be recovered in the manner and for the use mentioned in 
the first section of this act. 



RELATIVE TO CLAMS AND OYSTERS. 5 

7. It shall not be lawful for any person who is not at p- ^oi ^^^' 
(he same time an actual inhabitant and resident of this Non-resi- 

, , „ . dents not to 

state, and who has not been for six months next preced-' gather ciams, 

OVStGl'S &C 

ing, an aotual inhabitant or resident as aforesaid, to rake 
or gather clams, oysters or shell-fish, either on his o\^n.i 
account and benefit or on aiccount or benefit of hisi em- 
ployer, in any of the rivers, bays or waters of this state, 
on board of any canoe, flat, scow, boat or other vessel ; 
and every person who' shall offend herein shall forfeit 
and pay twenty dollars, to be recovered and applied in 
the manner directed by the first section of this act; and 
the said canoe, flat, scow, boat or other velssel nsed and 
employed in the coanmission of such offense, with all the 
clams, oysters, clam rakes, tongs, tackle, furniture and 
apparel, shall be forfeited, and the same seized, secured 
and disposed of, in the manner described in the ninth and 
tenth sections of this act. 

8. That any action under the first, sixth or seventh Actions un- 

y " _ der this act, 

sections of this act may be oonnnenced bv warrant in the ^^"^ com- 

'^ " _ menced 

court for the' trial of small causes and be proceeded in 
as in otlier cases when tlie same are commenced by war- 
rant, any law, usage or custom to the contrary notwith- 
standing. 

9. That if. shall be the duty of all sheriffs and con- Ofleenders, 

'^ now pro- 

stables, and may be lawful for any other person or per- ceeded 

. " -, 1 n 1 . against. 

sons, to seize and secure any such canoe, flat, scow, boat 
or other vessel as afoTesaid, and imiinediately thereupon 
give information thereof, to two^ justices of the jD'eaee of 
the county where such seizure shall have been made., who 
are hereby empowered and required to meet at such time . 
and place as they shall appoint for the trial thereof, and 
hear and determine the same ; and in case the same shall 
be condemned, it shall be siold by the order and under the 
direction of the said justices, who, after deducting all 
legal costs and charges, shall pay one-half of the proceeds 
of said sale to the collector of the ooimty in which such 
offense shall have been committed, and the other half to 
the person who' shall have seized and pTosecuted the same. 
10. That if any person or persons, on board of any such Penalty for 

, „ resisting 

canoe, flat, scow, boat or other vessel aforesaid, shall re- officers. 



6 



STATUTE LAW OF I^EW JERSEY 



Owners of 
marsh, &c., 
may plant 
clams, oys- 
ters, &c. 



Penalty for 
breaking 
down fences, 
&c. 



Oysters, liow 
taken in 
Navesink 
river. 



fuse and not suffer to emter the same, or resist before or 
after entering, any of the said officers or other person or 
persons seizing the same!;, or otherwise resist thean, or any 
of them in tlie lawful seizing of the same, then every per- 
son so offending shall forfeit and pay the some of thirty 
dollars, to be recovered and applied in manner directed 
by the first section of this act.. 

11. That it shall be lawful for any person or persons 
owning marsh or meadow in this state, within the bounda- 
ries of w^hich there shall be CTeeks, ditches or ponds 
wherein oysters doi or will grow, and where^ such creeks 
or ditches do not lead to any public landing, tO' lay or 
plant clams or oysters therein, for the use and benefit 
of such O'wners, and for the preservation of which to 
erect a fence, hang or affix gateSi or locks across said creeks 
or ditches, to prevent any person or persons from entering 
the same. 

12. That if any person be found with any craft, boat 
or raft, above or within tliei aforesaid fences, gates or 
locks', without leave from th.8 owner or occupant of any 
creek, ditch or pond, fenccid, gated or locked as aforesaid, 
w^herein clams or oysters may be laid or planted, or shall 
in any way break or destroy such fence, gate or lock, he., 
she or they so offending shall severally forfeit and pay, 
for each and every offense, the sum of fifty dollarsi, to be 
recovered by action of debt, with, costs, in any court 
having cognizance thereof, by any person who' shall proser 
cute for the same, one-half to. the use of the owner or 
occupant of such creek, ditcli or pond, and the Oither half 
to the person who shall sue for the s'ame ; provided, that 
nothing herein contained shall be soi construed or under- 
stood as tO' obstruct or prevent the free navigation of any 
thoroughfare, creek or channel leading from, or out of 
any of the bays or principal waters toi any other bay or 
principal water, or toi any accustomed landing place: in 
this state, anything hereinbeforei contained to the con- 
trary notwithstanding. 

13. That it shall not be lawful for any person or per- 
sons tO' rake or take with tongs, or otherwise gather or 
carry away, any oysters, other than by w^ading in and 



EELx\TIVE TO CLAMS AND OYSTEKS. Y 

packing up by hand the same, within thei following bounds 
in the river, coaninonly calleid or known by the name of 
the North or JSTavesink river, lying within the county of 
Monmouth, and dividing the township of Shrewsbury 
from the township of Middletown,, above; a, direct line 
from the storehouse of Eiseok White, on the Shrewsbui'y 
side of the river, tO' the dwelling-housei of Thom-asi Layton, 
on the Middletown side of thei river aforesiaid ; and in 
case any person or persons- shall be: found o^ff ending 
against this pTohibition, he, she' or they so offending shall 
forfeit and piay for every, such' offense the sum of ten 
dollars, to- be recovered in an action of debt, with costs, 
before any justice of the- peace in the- county of Mon- 
mouth, by any pierson, who shall suei for the same, the O'Ue- 
half to the use of the prosecutor, and the other half tO' 
be paid to thei county collector, to; and for the use of the 
county. 

14. That it shall and may be lawful for any person or Owners of 
persons owning flats or coves along the- shores of the tide- Great and 

1 ^Ai-T 1/-^ T-i Little Egg 

waters m the county o± Atlantic, between the Ureat iLgg Harbor rivers 

Harbor and Little Egg Harbor rivers, inclusive^ of the oysters. 

shores of so much of the said rivers aS; lie within the said 

county of Atlantic, to- miark out by fixing stakes' acroS'S 

or around the same, at the distance of tw^o rods- from each 

other, and of such length as tO' be at least twO' feet above 

the ordinary high water, and plant, or lay clams, oysters 

or other shell-fish within O'r above the same; provided, 

said stakes shall not include any natural O'yster bc'ds 

always covered with water beyond low-water mark ; and 

provided aho, it shall not be lawful to stake O'ut be'yond 

the ordinary low-water mark, nor injure any navigation 

publicly used. 

15. That if any person or persons shall gather or' take Penalty for 
away any O'ysters or clams, above or within the line of ters without 
stakes aforesaid, without permission first had or O'b- 
tained from the owner or O'wners, occupant or occupants, 
of the flats or coves S'O staked in, he, she or thc'y so offend- 
ing shall forfeit and pay for each offense the sum of 
twenty dollars, to be reco'vered and apiplied in manner 



permission. 



STATUTE LAW OF NE,W JEESEY 



p. L. 1800, 
p. 473. 
Owners of 
raeaaow 
lands may 
plant. 



Proviso 



Proviso. 



Penalty for 
taking oys- 
ters within 
certain limits 
without per- 
mission. 



Setting up 
stakes may 
he omitted in 
certain cases. 



direcited bj the twelfth section of this act, and shall more- 
overr be liable tO' an action at the suiti of the owner or 
owners, occupant or occupants, for his, her or their 
damages. 

16. That it shall and may be lawful for the owner or 
owners, or any person or persons having a license in writ- 
ing from the owner or owners of meadow or other lands, 
which are opposite or contiguous tO' flats which are at any 
time bare, or coves, upion or Avithin which flats or coves 
there have not been heretofore any natural oyster beds 
along the shores of the tide^waters of this^ state, to plant 
and lay clams, oysters or other shell-fish upon, within or 
above such flats and coveSj, and one chain beyond the 
same ; provided, the clams and oysters thusi planted shall 
be inclosed and designated by stakes placed beyond them 
within the prescribed limits, not less than six rods a,part, 
and of such length as tO' be at least twoi feet above ordi- 
nary high water; mid provided also', that this section 
shall not be sO' construed as to take away or in anywise 
impair the common right of citizens, to any natural 
oyster beds which may be embraced by the boundary 
herein specified. 

17. That any person or persons whoi shall gather or 
take away any oysters or olamsi upon, abovei or within 
the limits afore:said, without permission first had and 
obtained from such owner or oiAvners;, person or persons 
occupying under such owner or owners as aforesaid, 
shall be liable to the samei forfeitures and the like suits 
for damages, to be recovered and sued for in manner as 
is directed and provided in the fifteenth section of this 
act; provided, that nothing in this act shall prevent the 
legislature from the repeal or modification of this and 
the. last foregoing section, at tlieir pleasures 

18. That in coves and places where notorious and 
plain ranges or landmarks can, be erected and established 
on contiguous shores, whereby thei boundaries of planted 
beds of oysters may be clearly known and distinguished 
without, danger of mistake, and where in such coves or 
places such not(^rious or plain ranges or marks on con- 



EELATIVE TO CLAMS AND OYSTEKS. 9 

tigrious mea,do'Ws or shoTes shall hayei been eTeotied and 
establisheid by stakes or other plain monuments, soi that 
they may be plainly known and distinguished without 
danger of mistake, and duei notice: thereof being given, 
that then, and in such cases, the jDrovisions of the two 
last-foregoing sections in regard tO' the planting and set- 
ting up of stakes may be^ dispensed with in respect tiO 
such places as above described. 

19, That the time within which the taking and vend- Time for 
ing of oysters is pTohibited by the first and fourth sec- tersincer- 
tions of this act, is hereby extended to- the first day of 
October, yearly and every year, in the counties of Bur- 
lington, Monmouth and Atlantic only, under the same 
penalties and regiilations as are therein contained ; pro- 
vided, that planted oysters may be taken up at any time 

by the person O'^vning the same. 

20. That nO' person or persons, under any pretense of ow shells 
taking oysters, or under any other piretense whatever, ™*7^*^ff°^ 
shall take, remove or ciariy off from, any natural oyster 

banks o^r beds, in this state, any old shells, other than 
such as cannot be' removed or separated from the oysters 
without injuring the same; and all such shells shall be 
culled and separated from the oysters, and thrown baick 
again upon the said natural banks or beds ; and in case 
any person or persons shall so take^ remove or carry O'ff 
from said natural banks or beds, whether oysters be taken 
or not, without first so separating the old shells froim the 
oysters, he or they shall for every offense forfeit and pay 
ten dollars, to be recovered, with costs, by a,otion of debt, 
by any person who shall prosecute for the same, in any 
court of record in this stiate having cognizance of that 
sum, one-half thereof tO' the use of the prosecutor and the 
other tO' the overseer of the poor for thei use of the poor 
of the township in which the offense w^as committed, and 
the canoe;, flat, scow, boat and other vessel, used and em- 
ployed in the commission of the offense in this section 
mentioned, shall be liable tO' seizure, and be applied to 
the payment of such penalty; provided, however, that 
nothing in this act contained shall be so construed as to 



10 



STATUTE LAAV OF NEW JEESEY 



Penalty for 
SPlling clams 
under certain 
size taken in 
Atlantic 
county. 



P. L. 1851, 
p. 439. 
Non-resi- 
dents of 
state not to 
gather oys- 
ters, &c. 



Penalty. 



Additional 
penalty for 
violating 
section 12. 



prohibit any person or persons from talking, removing 
or carrying any sliells from beds planted out by him or 
them pursuant tO' law. 

21. That it shall not be lawful for any person or per- 
sons to sell, or offer for sale, by the bushel or otherwise, 
any small clams which m.ay have been taken in the waters 
of the county of Atlantic, unless the said clams shall be of 
such a size that a bushel will not contain more than four 
hundred; and if any person or persons shall so sell, or 
offer for sale, any such clams, four hundred of which will 
not make a bushel, such person or persons shall, for every 
such offense, forfeit and pay ten dollars, to be recovered, 
with costs, by action of debt, by any person who shall 
prosecute for the same, in any court of record in this 
state having cognizance of that sum, one-half to the over- 
seer of the poor, for the use of the poor of the township 
in which the offense shall have been committed and the 
other half to the person who shall sue for the same. 

22. That it shall not be lawful for any person who is 
not at the time an inhabitant and resident of this state, 
and who shall not have been for six months next pre- 
ceding an inhabitant and resident as aforesaid, to^ take, 
rake or gather oysters, clams, or shell-fish, in any of the 
rivers, bays or waters of this state ; and every person 
offending herein shall be deemed guilty of a misdemeanor, 
and, npou conviction, shall be punished by fine or im- 
prisonment, or both, in the discretion of the court before 
which the conviction shall be had; provided, such im- 
prisonment shall not exceed, in any case, the term of six 
months, nor the fine exceed the sum of one hundred and 
fifty dollars. 

23. That every person offending against the provisions 
of the twelfth section of the act to which this is a supple- 
ment, shall, in addition to the penalty therein mentioned, 
be deemed guilty of a misdemeanor, and, upon conviction, 
shall be punished by fine or imprisonment, or both, in 
the discretion of the court before which the conviction 
shall be had; provided, such imprisonment shall not 
exceed, in any case, the term of six months, nor the fine 
exceed the sum of one hundred dollars. 



RELATIVE TO CLAMS AND OYSTERS. 11 

• 24. That the time within which the taking and vend- ^-J^^^^^^' 
. . p ^ . P- 139. 

me' oysters is prohibited by the first and fourth sections Time ror 

iP -, ,.-,-... . taking and 

of the act to which this is a supplement, is and that the vending oys- 

-. (, ,-^ ■, -. , ters extended 

same be extended to the first day of October, yearly and in cape May 

■^ ' 'J 'J county. 

every year, in the county of Cape May, under the same 
penalties and regulations! a,si are therein contained; -pro"- 
vided, that nothing contained in this act shall prevent the 
owners of planted oysters from, at any time, taking up 
and vending the same. 

25. That it shall be lawful for any person or persons p. l. i855, 
owning marsh or meadow lands in this state, within the o.vnerViof 
boundaries of which there shall be creeks, ditches or meadow 
ponds wherein clams and oysters do or will grow, to lay lay In'd^piant 
or plant clams and oysters therein, for the use and benefit ^■^^ ^^^' 

of such owners, and for the preservation of which he is 
to properly stake off such clam and oyster ground as not 
to interfere with the passing and repassing of vessels, 
but sufficient to designate where the same is planted. 

26. That any person or persons violating the provi- Penalty for 
sions of this act shall be subject to all the fines and provisions 
penalties contained in the act to which this is a further 
supplement. 

27. That it shall not be lawful for any 'person or per- p. l. i864, 
sons to take any oysters out of the natural beds of the oyster's not 
counties of Burlington, Atlantic and Ocean, between the outof natu- 
first day of May and sunrise of the first day of October, certain^ conn- 
yearly, only by daylight, under the penalty of twenty-five dayiiTht'.^* ^' 
dollars for each and every offense. 

28. That it shall and may be lawful for any person or p. l. isti, 
persons owning flats or coves along the shores of the tide- owner's ot 
waters in the county of Burlington, between the lines coves along 
separating Burlington from Ocean and Atlantic counties, in Burlington 
to mark out, by fixing stakes across or around the same, plant "or lay 
at the distance of two rods from each other, and of such °^ 
length as to be at least two feet above the ordinary high- 
water, and plant or lay oysters or other shell-fish within 

or above the same ; 'provided, said stakes shall not in- Proviso, 
elude any natural oyster beds always covered with water 
beyond low-water mark; and provided also, it shall not Proviso, 
be lawful to stake out beyond the ordinary low-water 
mark nor injure any navigation publicly used. 



12 STATUTE LAW OF NEW JERSEY 



Penalty for 
taking oys- 
ters or clams 
so planted 
without per- 
mission. 



P. L. 1S73, 
p. 44. 

Construction 
of tlie words 
"dredge or 
instrument 
so called." 



Penalty for 
using rake or 
other instru- 
ment in 
waters of 
Burlington 
county. 



P. L. 1892, 
p. 360. 
No boat to be 
used for 
gathering 
clams, &c., 
unless owner 
a resident 
of state. 



29. That if any person or persons shall gather or take 
away any oysters or clamsi, above or within thei line of 
stakes aforesaid, mthoiit permission first had or ol> 
tained from thei owner or owners, occupant or occupants 
of the flats or coves so' staked in, he, she or they so offend- 
ing shall forfeit and pay for eadi offense the sum of 
twenty dollars, toi be recovered and apiplied in manner 
directed by the twelfth section of the act to which this 
a,ct is a further supplement, and shall moreover be liable 
to an action at, the suit of the owner or owners, occupant 
or occupants:, for his, her or their damages. 

30. That the words "dredge or instrument soi called," 
in sections two' and six of the act tO' which this act is a 
further sup'plement, shall be and is hereby taken, deemed 
and intended tO' mean and appily to any rake or other 
instrument designed and intended to bei used or which 
shall be used and dragged by any canoe, boat or' vessel in 
any of the rivers, bays or waters of Burlington county, 
in this state, as a dredge, and for the uses and purposes 
of a dredge, whether called by that name or otherwise. 

31. That all the penalties in sections twO' and six of 
the a.ct. tOi which this act is a further aupiplement shall and 
hereby do apply to all such person or persons using such 
rake or rakes, or other instruments, or canoe, boat or vesn 
sel having on boai'd such rake or other instrument to be 
employed and used in raking and dredging or which 
shall be found employed and using such rake or other 
instrument in like manner as dredges are used, and for 
the same piurposes for which dredges are used, in any of 
the rivers, bays or waters of the county of Burlington, in 
this state, whetlier such rake or other instrument be 
called by the name of dredge or otherwise. 

32. That it shall not be lawful for a.ny canoe, flat, scow, 
boat or other vessel to be used or employed in any of the 
rivers, bays or waters of this state to rake or gather 
clams, oysters or shell-fish, unless the same shall be O'^vned 
by citizens and actual residents of this state, and who 
have been for twelve months next preceding actual citi- 
zens and residents as aforesaid ; and it shall not be lawful 
for any non-resident to hold a lien or mortgage on any 



EELATIVE TO CLAMS AND OYSTEES. 13 

canoe, flat, scow, boat or any otheir vessel engaged in the 
oystex business of this state as; aforesaid; nor shall any 
such canoe, flat, scow, boat or any other vessel be com- 
manded by any person whoi isi not a citizen and actual 
resident of this state for twelve months next preceding; 
and any canoe, flat, scow, boat or other vessel not so Penalty, 
owned and commandeid, used an,d employed as aforesaid, 
with all the clamsi, oystersi, clam-rakes, tongs, tackle, 
furniture and apparel shall be forfeited, and the same 
seized, secured and disposed of in the manner prescribed 
in the ninth" and tenth sections of the act toi which this 
is a suppleoment ; provided, that this act shall not apply Proviso, 
to or affect vessels or boiatsi already having license: in this 
state under existing laws. 

33. That in order tO' better carry out and enforoei the p. l. i893, 
provisions of the act toi which this act is a supple'ment, special offl- 
and the acts supplementiary thereto', it shall be lawful for appointed, 
the directors of any association of oystermen; duly in- 
corporated under the laws of this state toi appoint special 
officers, not exceeding three in number, who shall be 
citizens of this state, and who shall be and hereby are Empowered 
empowered at all times while holding the office or position lators^of act." 
of such special officer, upon their own view, to arrest any 

person or persons whoi may be found violating or infring- 
ing any of the provisions of the act tO' which this act is 
a supplement or of any of the acta supplementary thereto, 
and to bring him or them before! a, magistrate for ex- 
amination. 

34. That such special officers shall be paid for their how special 
services under this act by the association appointing them paid. 

and not otherwise:. 

35. Frora and after the passage of this act it shall be p. l. i899, 
unlawful for any person or personsi, coinpiany or corpora- unlawful to 
tion, at any time whatever, to use, cast, drag or haul any Delaware bay 
dredge, patent rake, or other similar device which shall tain line. 

be towed, dragged or hauled by or behind any boat, vessel 
or craft propelled by sail or steam, or to catch therewith 
clams, oysters or shells in the watersi of Delaware bay 
south of a line running direct fro'm the mouth of Dennis 
creek to Brandywine lighthouse ; and any person offend- penalty. 



14 



STATUTE LAW OF ^^ew JERSEY 



• Proviso. 



Repealer. 



P. L. 1900, 
p. 422. 
Taking of 
hard mud 
elams. 



Exception. 



Soft-shell 
clams. 



ing against the provisions of this act shall be deemed 
guilty of a misdemeanor, and on conviction thereof shall 
be punished by a fine not exceeding one hundred dollars, 
or by imprisonment at hard labor for any term not ex- 
ceeding six months, or both, at the discretion of the court ; 
and any boat or vessel employed in the commission of any 
offense against the provisions of this act shall, with all 
her tackle, apparel and furniture, be forfeited, and the 
same may be seized, secured, condemned and disposed of 
in the manner prescribed in the ninth and tenth sections 
of the act entitled "An act for the preservation of clams 
and oysters" [Revision], approved April fourteenth, one 
thousand eight hundred and forty-six ; 'provided, always, 
that the provisions of this act shall not be construed to 
prohibit any person, who now does, or hereafter shall, 
bona fide, occupy and plant with oysters any grounds not 
natural oyster or clam grounds, from working his own 
private oysters at any time and in any manner that he 
may otherwise lawfully do. 

36. That all acts and parts of acts inconsistent here- 
with be and the same are hereby repealed, and that this 
act shall take effect immediately. 

37. Erom and after the piassage of this act' it shall be 
unlawful for any person or persons to take from the 
natural beds beneath the waters of this state, by means 
of boats, tongs, dredges, rakes or otherwise, or to have 
in their possession, or to buy or sell, or to offer to buy 
or sell, any clams commonly called hard mud clams, the 
shells of which will measure less than one inch in width 
or thickness across the back or hinge ; except said clams 
be taken beneath the waters of Atlantic county, in which 
case they shall not measure less than one and one-quarter 
inches in length ; or to buy or sell, or to offer to buy or 
sell, any clams commonly called hard sand clams, the 
shells of which will measure less than one inch in width 
or thickness across the back or hinge, except said clams 
be taken beneath the waters of Atlantic county, in which 
case they shall not measure less than one and one-quarter 
inches in length ; or to buy or sell, or offer to buy or sell, 
any clams commonly called soft-shell clams, the shells of 



RELATIVE TO CLAMS AND OYSTERS. 15 

wliich will measure less than two inches in length; and Penalty, 
every person so offending shall be deemed guilty of a mis- 
demeanor, and on conviction thereof shall be punished 
by a fine of not less than twenty-five dollars nor more 
than one hundred dollars, at the discretion of the justice 
of the peace before whom the case is brought, and in 
default of payment of the fine, the justice shall commit 
him to the county jail for a period of not less than ten 
days nor more than thirty days ; one moiety of said fine Division of 
(after deducting therefrom the^ fees of the justice and of 
the officer making the arrest, which fees shall be the same 
as are allowed for issuing and serving warrants and hold- 
ing examination or hearing in other causes), to be paid 
by said justice imposing and collecting the^ fine tO' the 
overseer of the poor, for the use of the poor of the town- 
ship in which the offense shall have been committed, and 
the other half or moiety to be paid to the warden, con- 
stable or person who made the complaint. 

38. Upon complaint under oath, made to him, any p.l. i903, 
justice of the peace of the county wherein the offense warrant for 
was committed may and shall issue his warrant for the of violators, 
arrest and apprehension of any person violating the pro- 
visions of the first section of this act ; and it shall be the 
duty of the several oyster commissioners or any constable 
to, and any other person may, make complaint and bring 
action before any justice of the peace of the county 
against any person or persons m violating the provisions 
of this act ; which warrants shall be served by either such 
oyster commissioner or constable. 



A Supplement tO' an act entitled "An act for the preser- 
vation of clamsi and oysters," approved April four- 
teenth, one thousand eight hundred and forty-six. 

Approved March 29, 1904. 

Be it enacted hi/ the Sencute and General Assembly 
of the State of New Jersey: 

1. It shall be unlawful for any boat or other vessel J'-^^gg^'^'^^- 

propelled wholly or in part by steam, naphtha, elec- ^l^lffl^icany 

trieity, or any other mechanical motive power, to P^°g?^l|gg 

engage in the catching or taking of oysters from any of *'^'°™ ^l*^^*^^ 



16 



STATUTE LAW OF IsEW JERSEY 



Penalty. 



the natural beds, under the tidal waters of this state, 
and no license shall be issued by any oyster commis- 
sion, shell commission, or other authority, to any boat 
or vessel so propelled, authorizing such boat or vessel to 
engage in the catching or taking of oysters from any of 
said natural beds ; any person using a boat so propelled 
in such business, shall be guilty of a misdemeanor, and 
any boat or other vessel propelled wholly or in part by 
any such mechanical motive powder, and so engaged, shall 
be forfeited together with all the tongs, dredges, tackle, 
furniture and appurtenances thereto belonging, and shall 
be seized, secured and disposed of in the manner pre- 
scribed in the act to which this is a supplement. 
2. This act shall take effect immediately. 



p. L. 1909, 

p. 476.' 
Polluting 
matter not 
deposited so 
as to affect 
oyster beds. 



Proviso. 



Penalty. 



A Further Supplement to an act entitled ''An act for 
the preservation of clams and oysters," approved April 
fourteenth, one thousand eight hundred and forty-six. 

Approved April 21, 1909. 

Be it E]srACTED by the Senate and General Assembly 
of the State of Neiv Jersey: 

1. iSTo excremental or other polluting matter of any 
kind or character whatsoever shall be discharged or 
placed in the waters, or be placed or suffered to remain 
on the banks of any stream, the bed of which is or shall 
be used for the planting and cultivation of oysters or 
clams, if such excremental or other polluting matter so 
placed or discharged into such stream, or placed or suf- 
fered to remain on the banks of such stream, will tend to 
corrupt and impair the quality or wholesomeness of the 
oysters or clams growing on the bed of said stream; 
provided, hoivever, that nothing in this section contained 
shall apply to the discharge of sewage or drainage into 
any such stream by municipalities of this State. 

2. Any person or corporation violating any of the 
provisions of this act shall be liable to a penalty of one 
hundred dollars, to be recovered in an action of debt by 
the board of health of the state of N'ew Jersey. 



EELATIVE TO CLAMS AND OYSTEES. 17 

3. The word "stream" as used in this act shall be taken -stream" 
to include and mean all bodies of water in this state, or 
constituting a boundarj^ between this and any other 

state, irrespective as to whether such waters be fresh or 

salt; 'provided, the bed of any such stream shall be used Pi'oviso. 

for the planting and cultivation of oysters or clams. 

4. This act shall take effect immediately. 



A Supplement to an act entitled "An act for the pres- 
ervation of clams and oysters," approved Api'il four- 
teenth, one thousand eight hundred and f orty-onc'. 

Approved May 11, 1905. 

Be it enacted hy the Senate and General Assembly 
of the State of New Jersey: 

1. Erom and after the passage of this act it shall be p. L.1905, 
unlawful for any person or persons, company or corpora- Prohibition 
tion, at any time whatsoever, to use, cast, drag or haul any ciams and 
dredge, patent rake or other similar device, which shall be ^ 
towed, dragged or hauled by or behind any bo'at, vessed or 
craft propelled by sail, steam or other piower, or to catch 
therewith any clams, oysters oi' shells in the waters of the 
Delaware bay, southweisterly of a line running northwest 
from the mouth of Green creek. Cape May county, tO' the 
interseotion of such line with a, linci direct. fro'm> thei mouth 
of Dennis creek to Brandy winei lighthouse ; provided. Proviso. 
however, thati this prohibition shall not apply to any ter- 
ritory which was; under lease: from the> state oyster com- 
mission of the state of ISTew Jersey on the, first day of Yeh- 
ruary, one thousand nine hundred and five ; and any per- Penalty for 

„. -,. . . . c 1 • 1 Ti 1 violation. 

son onendmg against the provisionsi 01 this act snail be 
deemed giiilty of a misdemeanor, and, on conviction 
thereof, shall be punished by a fine not exceeding one 
hundred dollars, or by imprisonment at hard labor for 
any term not exceeding six months, or both, at the discre- 
tion of the court ; and any boat or vessel employed in the Boat and 

J. _cc ' • j_ ii • • j» J.T • tackle eon- 

commission 01 any oiiense against the provisions ot tins sscated. 
act shall, with all her tackls, apparel and furniture, be 
forfeited; and the same may be seized, secured, con- 
demned and disposed of in the manner prescribed in 

2 



18 



STATUTE LAW OF ITEW JEESEY 



Repealer. 



the ninth and tenth sections of the act to which this is a 
supplement. 

2. All acts and parts of acts inconsistent with the pro- 
visions of this act be and the same are hereby repealed, 
and this act shall take effect immediately. 



p. L. 1909. 



II. MISCELLAiq^EOUS GE^NtEKAL ACTS. 



p. L. 1886, 
p. 300. 

Unlawful fou 
non-residents 
of the state 
to plant seed 
or grow 
oyst^ii's. 



Penalty. 



Repealer. 



An Act for the better enforcement in any river or bay of 
an act entitled "An act for the preservation of clams 
and oysters/' approved April fourteenth, one tliO'Usand 
eight hundred and forty-six, and siupiplements thereto. 

Approved April 27, 1886. 

1. That it shall be unlawful for any person or persona 
not residentsi of this state, and who shall not have been 
residents for six months next preceding, toi plant seed or 
grow oysters in the waters of any river or bay ; and any 
oysters, oyster shells, or other materials for seeding or 
growing oysters so planted shall become public property^ 
or may be caught or taken upi by any citizen of this state; 
and any person or persons violating the provisions of this 
act shall be deemed guilty of a misdemeanor, and on con- 
viction thereof skall be subject tO' a, fine not exceeding 
five hundred dollars, ot imprisonment not exceeding one 
year, or fine and imprisonment, at the discretion of the 
court. 

2. That any acts or parts of acts inconsistent with this 
act be repealed, tkat thisi act, shall be a, pmblic act and 
take effect immediatelv. 



P. L. 1894, 
p. 429. 
Persons oc- 
cupying cer- 
tain grounds 
shall be con- 
firmed in 
their holding. 



An Act to protect the planting and cultivating of oysters 
in the tide^waters of tbis state. 

Approved May 17, 1894. 

1. That any person or persons, citizens of this state, 
now or hereafter holding, using or occupying any grounds 
lying under the tide-waters of thisi state for the planting 
or cultivating of oysters tbereon, said grounds not now 
known and recogTiized as natural oyster seed beds, from 



EELATIVE TO CLAMS A]^D OYSTEKS. 19 

whioli tlierei is now ga,thered seed or young oysteirs for 
planting purposesi, sliall "be and hereiby axe confirmed' in 
their holding or right to use snch gronnds for the pur- 
pose of planting and cultivating of oysteirs, and the 
oysters planted and growing thereon shall bei the peir- 
sonal property of the person or persons holding, using 
or occupying the grounds as aforesaid; provided, the Proviso, 
said gTOunds shall have been maxked by propex stakes^, 
buoys ox suitable monumients^, and oysters shall havei been 
actually planted upon the grounds soi maxked off. 

2. That upon the grounds now ox hereafter held, used p'leJ;^^^' 
or occupied as aforesaid tlie pexson or persons holding, on prlratt?'' 
using ox occupying the same may plant, cultivate and fg^de^med^^^^ 
gathex oystersi; they may shell said gxounds and gather p^op'^'^ty 
the oystexs that may gxow thexeon, and all oystexs on 

said grounds shall be deemed and taken to b© their per- 
sonal property; and every pexson or persons whoi shall Sierwm^shaii 
gather, catch or take oystexs, clamsi ox shells fxom any lot misdemeanor 
of gxound properly planted with oystexsi held, used ox 
occupied as afoxesaid, ox use thexeon any tongs, xake or 
dredge without the pexmission of the piexsoui ox pexsons 
holding, using ox occupying the same, shall be deemed 
guilty of a misdemeanox, and, upon conviction thexeof. Penalty, 
shall be fine'd in a sum not gxeatex than one hundxed dol- 
laxs or be confined in the county jail for ai pexioid not 
exceeding six months^ ox botli, at the discxetion of the 
court. 

3. That it shall be unlawful for any person, without p'^^;,)-^®^' 
the permission of the person or piersonsi holding, using or P^g^^^^g*" 
occupying the grounds now or hereafter held, used ox Yj!|^ g^'^l^®^ 
occupied as afoxesaid to woxk fxo'm boats ox otherwise 

with xakes, dxedges or other appliances upon any of siaid 

gxounds, and thereby to injure, distuxb ox xemo've the 

oystexs planted and growing thereon ; and it shall be the constable or 

duty of any constable ox duly-authoxized special officer, seize bo^ts 

and lawful fox any other pexson, to seize and secuxe any ances^^ ^ 

boat, rake, dredge or other appilianoe used in. violation 

of this law and immediately give information thereof to 

any justice of the peace of the county wherein such seiiz- justice of 

iT-ii "tt • ^ j_ i>eace shall 

uxe IS made, who is hexeby empowexed and xequixeo. to try and de- 
termine case. 



20 STATUTE LAW OF NEW JERSEY 

heax, try and determine whetJaer such boat, rake, dredge 
or other appliance so seized was used in violation of this 
law; the said justice shall appoint a time and place of 
trial and cause reasonable notice thereof to be given to 
the person who was in possession of the property seized 
and the owner thereof, if they can be found; and shall, 
at the time and ]3lace appointed, determine whether the 
boat, rake, dredge or other appliance seized was used in 
And may violation of this law, and if found to have been so used 
&c., sold and shall Order the same to be sold in such manner as the 
ap^piied. said justice shall direct; and the avails thereof, after 

deducting all proper and reasonable costs and charges 
which said justice may tax and allow, shall be paid one- 
half to the person or persons making the seizure and one- 
half to the treasurer of the state for the use of the state. 
Grounds used 4, That uo grounds now used and set apart for clam- 

for clamming _ *=•_ , ^, 

shall not be ming purposes in said state shall be occupied and used 

used for r- i c i • i • • 

oysters. ±or the purposc 01 planting or cultivating oysters, 

stakes shall 5, That all stakcs used for the purpose aforesaid shall 

be yielding, in. ,.,,. ^ '^ . ,, 

&c. be elastic and yielding, and shall not impede navigation 

nor interfere with the drawing of seines in any place 

now established and customarily used for seine fishing. 

Persons 6. That any person or persons who shall plant oysters 

tersupon upou anv of the natural oyster beds lying under the 

natural beds x t/ t/ t/ o 

from which ' waters af oresaid, now known and recognized as natural 
gathered seed oyster beds, and from which there is now gathered seed 
be deemed or young oysters for planting purposes, shall be deemed 
and shall trespassers, and such planted oysters shall be forfeited to 
plants. the public, who shall have the right and privilege of going 

upon said beds and taking said planted oysters and con- 
verting the same to their own use at any time when it 
is now lawful to take oysters from said natural beds. 
Title shall 7, That nothing; in this act contained shall 2;ive anv 

not run ~ _ _ . ' 

against state, persoii or persous the right or title to any of said lands 

as against the state, and the state may at any time alter 

or repeal this law, or the riparian commissioners may 

make grants, the same as if this act had not been passed. 

Act^shaiinot g_ That 110110 of the provisions of this act shall apply 

i^eiaware bay to the watcrs or bottoms of Delaware bay and Maurice 

or Maurice "^ 

River cove. River cove. 



RELATIVE TO CLAMS ANB OYSTEES. 21 

9. That this act shall and is hereby declared to be a Repealer, 
public act and shall take effect immediately, and all acts 

and j)arts of acts inconsistent herewith shall be and hereby 
are repealed. 

10. That any person or persons removing any stakes, p. l. i895, 
bnoys or monuments placed or erected for the purposes as penafty for 
set forth in the first section of the act to which this is st^eOuoys 
a supplement, shall, upon conviction thereof before any mentT" 
court of competent jurisdiction, pay a fine of twenty 

dollars or be imprisoned in the county jail for a period 
not exceeding ninety days, either or both, at the discre- 
tion of the court. 

11. That all acts and parts of acts inconsistent with Repealer, 
this act be and the same are hereby repealed. 



An Act to protect the natural oyster-seed grounds of 
this state. 

Approved March 17, 1899. 

Be it enacted hy the Senate and General Assembly 
of the State of New Jersey : 

1. It shall not be lawful for any person or persons, p. l. 1899, 
under pretense of taking oysters, or under any other pre- unlawful to 

1 , , re J- , T remove seed 

tense whatever, to remove or carry oii from any natural oysters, 
oyster-seed grouinds in this state any shells other than 
such as cannot be removed or separated from the oysters 
without injuring the same ; and all such shells shall be , 
culled and separated from the oysters and throv^oi back 
again upon the said natural oyster-seed grounds; and Penalty, 
any person or persons offending against the provision of 
this act shall be deemed guilty of a misdemeanor and 
punishable, after conviction, by a fine of fifty dollars for 
each and every offense, or imprisonment in any county 
jail for a period of three months, or both, at the discretion 
of the court ; ^nd the fine, when so recovered, one-half to 
go to the complainant and one-half to the treasurer of 
the state for the use of the state ; provided, that the pro- proviso, 
vision of this section shall not apply to Delaware bay 
and Maurice cove and the tributaries thereto. 



22 STATUTE LAW OF NEW JEESEY 

Repealer. 2. All acts and parts of acts inconsistent with this act 

shall be and the same are hereby repealed. 
3. This act shall go into effect immediately. 



p. L. 1900, 
p. 425. 
Laws for 
protection of 
seed oysters 
and grounds 
to be 
enforced. 



Who have 
jurisdiction. 



Procedure. 



An Act to provide a uniform procedure for the enforce- 
ment of all laws relating to the taking of natural 
seed oysters and clams and the protection of the 
natural seed oyster grounds of this state and for the 
recovery of penalties for the violation thereof. 

Approved March 23, 1900. 

Be it enacted hy the Senate and General Assembly 
of the State of New Jersey: 

1. All laws, general and special, for the protection of 
natural seed oyster grounds, or in any manner prohibit- 
ing or regulating the taking or possession of natural seed 
oysters and clams, shall hereafter be enforced, and all 
penalties for violations thereof shall hereafter be recov- 
ered in accordance with the provisions of this act. 

2. Justices of the peace, district courts and police 
magistrates shall have jurisdiction to try and punish any 
person or persons, corporation or corporations, accused of 
violating any of the laws specified in the first section of 
this act, or any of the provisions thereof, and every pen- 
alty prescribed for such violation may be enforced and 
recovered before any justice of the peace, district court 
or police magistrate, either in the county where the 
offense is committed or where the offender is first appre- 
hended or where he may reside. 

3. Such justice of the peace, district court or police 
magistrate, upon receiving complaint in writing, duly 
verified, of the violation of any law specified in the first 
section of this act, or of any of the provisions thereof, is 
hereby authorized and required to issue a warrant, di- 
rected to any constable, police officer, oyster commis- 
sioner or their assistants, commanding him to cause the 
person or persons so complained of to be arrested and 
brought before such justice, district court or police 
magistrate, and shall thereupon, in a summary way, hear 
and determine the guilt or .innocence of such person or 



RELATIVE TO CLAMS AND OYSTERS. 23 

persons, and, iipon conviction, shall impose nj)on the per- 
son or persons so convicted the penalty or penalties j)i'e- 
scribed, together Avith the costs of prosecntion for such 
offense; and if any person or persons shall fail to pay 
the penalty or penalties so imposed, together with the 
costs of prosecution, the said justice, district court or 
police magistrate shall commit him or them to the com- 
mon jail of the county where such conviction is had, for 
a period not exceeding ninety days, or until said penalty 
and costs are paid. 

4. For the violation of any laws specified in the first ^Vf^^t 

^ , , without 

section of this act, or of any of the provisions thereof, warrant, 
done within the view of any constable, police officer, 
oyster commissioners or their assistants^ such officer is 
hereby authorized, without warrant, to arrest the offender 
or offenders and to carry him or them before a justice of 
the peace, district court or police magistrate of the 
county wherein such arrest is made, and the justice, dis- 
trict court or police magistrate before whom such offender 
or offenders shall be taken is hereby authorized and re- 
quired to hear and determine in a summary way the 
guilt or innocence of such person or persons, after receiv- 
ing from the said officer a complaint in writing, duly 
verified, setting forth the nature of the; offense for which 
the said person or persons was or were arrested. 

5. In any action commenced under the provisions of f^^^^ ^^^ 
this act the prevailing party shall recover costs against 

the other, and the same fees and costs shall be allowed 
therein as in trials before justices of the peace holding 
court, for the trial of small causes. 

6. Any hearing to be held pursuant to this act may, Adjournment 
for good cause shown, be adjourned for a period not ex- 
ceeding thirty days from the return of any warrant of 

the time of appearance mentioned in any summons, or 
from the date of any arrest without warrant, as the case 
may be, but in case it shall be the duty of the justice, 
district court or police magistrate to detain the defendant 
or defendants in safe custody unless he or they shall enter 
into bond to the person making the complaint, with at 
least one surety, in double the amount of the penalty to 



24 



STATUTE LAW OF ^^EW JERSEY 



Disposition 
of moneys 
recovered. 



Appeal may 
be taken. 



Proviso. 



Papers, &e., 
sent to court 
of common 
pleas. 



Power and 
fees of oys- 
ter commis- 
sioners. 



be recovered, conditioned for his or their appearance on 
the day to which the hearing shall be adjourned, and 
thence from day to day until the case is disjjosed of, and 
then to abide by the judgment of the justice, district 
court or police magistrate, provided no appeal therefrom 
be taken, and such bond, if forfeited, may be prosecuted 
by the person to whom it is given in any court of compe- 
tent jurisdiction. 

7. All moneys recovered pursuant to the provisions of 
this act shall be paid in each case to the person making 
the complaint, who shall pay one-third thereof to the 
treasurer of the state for the use of the state, and one- 
third thereof in equal proportions to the persons furnish- 
ing the evidence necessary to secure a conviction. 

8. Any party to any proceeding instituted under this 
act may appeal from the judgment or sentence of the 
justice, district court or police magistrate, to the court of 
common pleas of the county in which the said proceed- 
ings shall take place; provided, that the party appealing 
shall within ten days after the date of the said judgment 
serve a written notice of appeal upon the opposite party, 
pay the costs of such proceedings and deliver to the 
justice,, district court or police magistrate a bond to the 
opposite party in double the amount of the judgment 
appealed from, with at least one sufficient surety, condi- 
tioned to prosecute the said appeal and to stand to and 
abide by such further order or judgment as may here- 
after be made against said party. 

9. Whenever an appeal shall be taken as aforesaid, it 
shall be the duty of the justice, district court or police 
magistrate to send all papers, together with a transcript 
of the proceedings in the case, to the necxt court of com- 
mon pleas of the said county, which court shall try and 
determine all such appeals in the same way and manner 
that appeals from the courts for the trial of small causes 
are now tried and determined, except that upon the trial 
of any such appeal no notice of the production of new 
evidence on behalf of either party shall be required. 

10. The duly appointed oyster commissioners or their 
assistants shall have the same power and be entitled t<o 



RELATIVE TO CLAMS AND OYSTERS. 25 

the same fees for the services of process in cases instituted 
under this act, as constables have and are entitled to 
receive in the courts for the trial of small causes. 

11. No person shall be excused from ffivin^ evidence Giving of 
m any action or piroceedmgsi taken or had under this a,cit, 

on the ground that such evidence might tend to: convict 
such mtness, or render him liable to^ prosecution under 
this act, but such evidence shall not be received against 
such Avitness in any such proisecution. 

12. Proceedings under this act may be instituted on proceedings, 
any day of the week, and the institution of such proceed- time^ ^^^ 
ings on Sunday shall bc' no' bar toi the successful prosecu- 
tion of the same, and any pirocess served on Sunday shall 

be as valid and effectual as if served on any other day of 
the week. 

13. All proceedings' for the recovery of penalties: pur^ Proceedings 
suant to the provisions of this act shall be entitled and name of 
shall run, in the name of the state of JSTew Jersey, with 

one of the oyster commissioners or their assistants or a 
police officer or a constable, and noi proceedings shall be 
instituted by any person not a duly commissioned oyster 
commissioner or their assistants: or a police officer or a 
constable of this state. 

14. In all casesi where a person shall be convicted a Penalty on 

sGcond con." 

second time, double the pienalty prescribed shall be im- viction. 
posed upon such second conviction, and it. is hereby made 
the duty of every person making the complaint pursuant 
to the provisions of this aet, who has reason toi believe 
that the- accused has been previously convicted, to lay 
such information before the justice of the peace, district 
court or police magistrate, and produce such proof of the 
same as shall be admissible. 

15. All acts and piarts of sucis inconsistent with the jj^pg^igj. 
provisions of this act, be and the same are hereby re- 
pealed ; promdedj that such repealer shall not be taken proviso, 
or construed to interfere with, any prosecutionsi now pend- 
ing or which may hereafter be beigun for thei violation 
heretofore of any such laws. 

16. This act shall take effect immediately. 



26 STATUTE LAW OF NEW JERSEY 



p. L. 1901, 
p. 307. 
State oyster 
commission ; 
members, 
control. 



Oath. 



Salary. 



Annual 
report. 



III. OYSTER LAW APPLICABLE, TO DELA- 
WARE; BAY, DELAWARE RIVER, MAURICE 
RIVER COVE AIsTD RARITAIsT BAY. 

Being act of March 24, 1899 (P. L. 1899, p. 506), as amended, 
supplemented and extended by act of March 22, 1901. 

Approved March 22, 1901. 

1. All oyster grounds, lands and beds included within 
lands of the state of New Jersey, under thei tidal waters 
of tlie Delaware river, Delaware bay and Maurice river 
cove, shall be under the eKolusivei regulation and control 
of a state oyster commission, which shall consist of three 
members, who' shall be aipipointed by the governor of this' 
state; the commissioners first apipointed shall be ap^- 
pointed to hold office respectively for one, twO' or three 
years, and until the appiointment of their respective suc- 
cessors.; all commisisioners subsequently appointed shall 
be appointed for a term of three years and shall continue 
to hold office until the appointment of their successors ; 
the siaid commissioners shall be citizens of this! state, and 
shall be directly interested or engaged in the taking, 
planting and cultivating of oysters in Delaware bay and 
Maurice river cove ; before entering upon the duties of 
his office each commissioner shall file with the secretary 
of state an oath that he will faithfully discharge the 
duties of his office, and that he is' direictly interested or 
engaged in the business of taking, planting and cultivar 
ting oysters in Delaware bay and Maurice river cove, 
which oath may be taken before any person authorized 
to take oaths' or affirmations in this statei; each coimmis- 
sioner shall receive an annual salary of five hundred dol- 
lars, payable quarterly ; two' members of the state oyster 
co'mmission shall constitutie a. quorum at any meeting 
thereof, and any official act shall be valid which has been 
authorized by a majority of the commissioners at any 
stated or special meeting thereof ; they shall keep, a. record 
of all their officdal acts and proceedings, and shall an- 
nually report to the legislature, which report, shall include 
a detailed statemient of all expenditures, of money made 
or authorized to be made: by them under the provisions 



RELATIVE TO CLAMS AND OYSTERS. 27 

of this act ; before entering upon the duties of their office Approved 
the said commissioners shall severally enter into bond to 
the state in the sum of two thousand dollars, with good 
and sufficient surety, conditioned for the faithful per- 
formance of their duties, which bond shall first be ap- 
proved as to sufficiency by the law judge of the said 
county of Cumberland; said bond shall be renewed an- 
nuall^y. 

2. The state oyster commission shall appoint a person oyster super- 
to be known as the oyster superintendent, to hold office diit^esf" ' 
during the pleasure of the state oyster commission, and ^^ ^^^' 
shall determine the amount of his compensation or salary, 

which shall not exceed twelve hundred dollars per annum, 
and which shall be paid in equal monthly payments ; 
before entering upon the duties of his office the oyster 
superintendent shall give bond to the state in the sum 
of five thousand dollars, with good and sufficient surety, 
conditioned for the faithful performance of his duties, 
which bond shall be first approved as to sufficiency by the 
law judge of the said county of Cumberland ; said bond 
shall be renewed annually; it shall be the duty of the 
state oyster commission to regulate and define the duties 
of the oyster superintendent, other than those duties 
specifically defined in this act. 

3. The state oyster commission shall have power, and Power and 
it shall be their duty, to enforce the provisions of this commission. 
act and the provisions of all other acts regulating the 

taking, planting or cultivating of oysters in Delaware 
river, Delaware bay and Maurice river cove, in this state, 
in force and not repealed by this act; and in further- 
ance and not in limitation of the above provisions they 
shall have power to employ such surveyors, engineers, 
guards and other employes, together with all such boats, 
means and materials as they may deem necessary to 
carry into effect the provisions of this act, and for the 
protection of all oysters, oyster beds and grounds, and to 
incur such expenses as they may consider proper to fully 
carry out the provisions of this and the said other acts, 
and for the preservation and improvement of the said 
oyster beds or grounds. 



28 



STATUTE LAW OF NE,W JEESEY 



Office. 



Lease lands. 



Proviso. 



Term for 
granting 
leases. 



Action taken 
upon failure 
to pay 
rental. 



4. The state oyster commission shall establish and 
maintain an office within the county of Cumberland, 
which shall be located at some place convenient to per- 
sons engaged in the oyster industry, which office shall 
also be the office of the oyster superintendent; stated 
meetings of the state oyster commission shall be held at 
their office at least once a month. 

5. The state oyster commission shall have power, and 
are hereby directed as hereinafter provided, to lease to 
applicants therefor any of the lauds of the state under the 
tidal waters of the Delaware bay and Maurice river cove 
below the line running direct from the mouth of Straight 
creek to Cross Ledge lighthouse, and commonly known 
as the "southwest line," to be exclusively used and en- 
joyed by such lessee for the taking, planting and cultiva- 
ting of oysters ; provided, lioivever, that no lease or leases 
shall be hereafter granted to any person or persons who 
shall not be at the time of granting of said lease or leases 
and shall not have been for twelve months next preced- 
ing, a citizen and actual resident of this state; but this 
restriction shall not apply to renewals of any lease or 
leases heretofore granted. 

6. Leases may be granted for terms not exceeding 
thirty years at an annual rental not less than twenty- 
five cents per acre or fraction thereof of the lands so 
leased, payable in advance as hereinafter specified; the 
rental for the first year of any lease shall be paid at the 
time the lease is granted, and the yearly rental for each 
succeeding year of said lease shall be paid within thirty 
days after the beginning of said year ; failure to pay said 
rentals at the time or times herein directed shall cause 
the lease or leases of the person or persons so failing to 
pay said rentals, to become forfeited and the right of said 
person or persons to the oyster ground or grounds and 
all oysters thereon shall cease ; and the state oyster com- 
mission shall cause the said lease or leases upon which 
said rent is due and unpaid as aforesaid to be canceled 
upon the books of the state oyster commission, and said 
forfeited ground or grounds may be thereafter leased to 
any resident of this state as hereinbefore provided ; the 



RELATIVE TO CLAMS AND OYSTERS. 29 

state oyster commission shall, within the limitations and 
restrictions of this act, fix and determine the term for 
which leases may be granted, the rental to be paid for 
the grounds described therein, the maximum size of any 
single ground to be hereafter leased and the total acre- 
age which may be hereafter leased to any individual, 
firm or corporation. 

7. Any person or persons now having ground or Present 
grounds staked up and leased under the provisions of have prefer- 
the act to which this is a supplement, in Delaware bay 

and Maurice river cove, below the said "southwest line," 
shall be entitled to a renewal of his lease therefor, upon 
terms and conditions to be fixed and determined by the 
state oyster commission under the limitations and restric- 
tions of this act, provided application for such renewal 
be made, in writing, and filed at the ofiice of the state 
oyster commission before the expiration of said lease. 

8. The state oyster commission shall, from time to Oyster lands 

^ " measured, 

time, as applications are made for leases, cause the lands mapped, &c. 
leased under tidal waters below the said "southwest line" 
to be measured, and the metes and bounds thereof ascer- 
tained and located by ranges, monuments or other means, 
so that the limits of the lands embraced within such 
leases may be accurately fixed and easily located ; the Records kept, 
state oyster commission shall cause such leased lands to 
be mapped, and the said maps to be filed in the ofiice of 
the state oyster commission, and shall also cause the 
leases so made and all assignments or transfers thereof 
to be recorded in books kept in the office of the state 
oyster commission for that purpose ; and no assignment 
or transfer of any ground or lease therefor shall be valid 
unless the same be forthwith recorded in the office of the 
said state oyster commission ; the expense of surveying, 
measuring, locating and mapping any gTOund or grounds 
io br? paid by the applicant therefor before^ he shall be 
entitled to a lease or leases for the same. 

9. It shall not be lawful to make anv leases embracing certain sec- 

, \ tions not to 

the whole or any part ot the lollowmg named oyster be leased, 
beds and creeks or rivers, namely: Elder Point beds. 
Dividing creek beds, Oranoaken beds, Pepper beds, and 
beds in Stow creek, C'ohansey creek, Back creek. Cedar 



30 



STATUTE LAW OF ^tew JERSEY 



License to 
engage In 
oyster in- 
dustry ; fees, 
&c. 



As amended. 
P. L. 1909, 
p. 14. 

Qualifications 
of applicant 
for lease or 
license. 



creek, Nantuxent creek, Dare's creek, Paggett's creek, 
Sow and Pigs creek, Beaton's creek. Fishing creek, 
Straight creek, Oran oaken creek, Dividing creek, Mau- 
rice river, West creek. East creek and Dennis' creek, or 
any other commonly kno^vn natural oyster bed in Dela- 
ware river, Delaware bay or Maurice river cove, or in 
any creek or river emptying into said river, bay or cove. 

10. The oyster superintendent shall issue a license, 
(inly certified by himself, to each and every captain of 
a boat or vessel entitled by law to engage in the business 
of catching, planting and growing oysters in the said 
Delaware river, Delaware bay and Maurice river cove, 
that shall pay the license fee fixed therefor by the state 
oyster commission ; no boat or vessel shall be used or 
employed in catching or taking oysters in the Delaware 
river, Delaware bay or Maurice river cove, in this state, 
without license for that purpose first had and obtained 
as herein provided ; the state oyster commission is hereby 
authorized to fix the license fee aforesaid at any sum 
not exceeding two dollars per ton on the tonnage meas- 
urement of such boat or vessel ; no license shall be issued 
for a period longer than one year; all licenses shall be 
numbered and recorded in a book kept for that purpose 
in the office of the state oyster .commission ; each boat 
or vessel licensed shall at all times while engaged in 
operating under such license, wear in plain view, upon 
the middle of the mainsail, one-third of the way from 
the head thereof, the number of said license in blacls 
figures at least fifteen inches in length ; and upon the 
failure or neglect of any boat or vessel so licensed to 
weiar said number as above required, such boat or vessel 
so neglecting or failing shall forfeit said license. 

11. The state oyster commission, before issuing any 
lease to any person as provided for in this act, shall cause 
the person applying for said lease to make and file with 
them an oath that he is a citizen and actual resident of 
this state, and. has been for twelve months next preceding 
said application; and the oyster superintendent, before 
issuing any license to any boat or vessel as provided for 
in this act, shall, cause the master or captain of said boat 
or vessel to make and file with him an oath that said 



EELATIVE TO CLAMS AND OYSTERS. 31 

boat or vessel is wholly owned bona fide by citizens and 
actual residents of this state, and who have been such 
for twelve months next preceding; or that in the year 
nineteen hundred and eight said boat or vessel was 
actually used in the business of catching, planting and 
growing oysters in the Delaware bay and Maurice river 
cove ; provided, however, that no boat or vessel owned in Proviso, 
whole or in part by a non-resident and licensed in any 
other state to catch oysters on natural beds or grounds in 
such other state shall be licensed in this state within the 
same year in which such license to catch oysters in 
such other state shall have been or shall be issued. Such oath. 
oaths may be made and taken by and before the several 
members of the state oyster commission and the oyster 
superintendent, and the state oyster commission shall 
have power to revoke any lease or license issued by reason 
of any false oath made or taken under any provision 
of this act ; provided, further, that nothing in this sec- proviso, 
tion contained shall apply to the renewal of any lease as 
provided for in sections five or seven of the act of which 
this act is amendatory. 

12. All moneys due for ground rentals, license fees. Moneys for 
or other fees collectible under the provisions of this act, of state. 
shall be received and collected by the oyster superintend- 
ent, for the sole use of the state of ISTew Jersey, as public 
moneys belonging to the state, and shall be accounted for 

and paid over as such in manner hereinafter provided. 

13. The oyster superintendent shall keep an account Further 

-. •Til- 1 duties of oys- 

of all fees and moneys received by him, pursuant to the }^l^^^^^; 
provisions of this act, for the use of the state, and shall, 
on or before the tenth day of each month, make a full 
itemized statement and return, verified by oath, to the 
comptroller, of all moneys collected or received as afore- 
said, upon blanks containing a form of the said state- 
ment and oath, to be furnished to the oyster superintend- 
ent by the comptroller, and the said statements shall 
be filed in the office of the comptroller, there to remain 
as public records ; said statements shall be audited forth- 
with by said comptroller, and on or before the fifteenth 
day of each month the said oyster superintendent shall 
pay over the amount of such moneys received to the 



intendent. 



32 



STATUTE LAW OF NEW JEKSET 



Proviso. 



Proviso. 



Proviso. 



Taking oys- 
ters above 
"southwest 
line." 



Taking oys- 
ters below 
"southwest 
line." 



state treasurer; he shall also make detailed monthly 
reports, verified by oath, to the state oyster commission, 
of the moneys collected or received by him; all bills 
incurred by the state oyster commission in carrying out 
the j)rovisions of this act shall be certified by the state 
oyster commission to the state comptroller monthly for 
payment, and he shall draw his warrant on the state 
treasurer therefor ; provided, lioioever, such exj)enditure 
shall not exceed the amount received from the oyster 
suprintendent as above i3rovided ; provided further, how- 
ever, that any excess of such receipts over the expendi- 
ture for any fiscal year shall, for the purpose of this act, 
be accounted as receipts of the next succeeding fiscal year ; 
provided further, that the provisions of this section shall 
not apply to any money appropriated by. the legislature 
for survey purposes. 

14. 'No oysters shall be dredged for, caught or taken 
from any of the lands lying under the tidal waters of 
the Delaware river, Delaware bay and Maurice river 
cove, above a line running direct from the mouth of 
Straight creek to Cross Ledge lighthouse, and commonly 
known as the ''southwest line," except from and includ- 
ing the first day of April to and including the fifteenth 
day of June of each year. 

15. ISTo oysters shall be dredged for, caught or taken 
from any of the lands lying under the tidal waters of 
the Delaware bay and Maurice river cove below a line 
running direct from the mouth of Straight creek to 
Cross Ledge lighthouse, and commonly known as the 
"southwest line" at any time except from the first day 
of September to the fifteenth day of June then next, 
both inclusive, of each year ; but the oyster superintend- 
ent or any member of the state oyster commission may, 
upon application, give permission, in writing, to" any 
lessee or lessees of oyster grounds, to employ such 
naethods for the protection of his or their oysters on said 
grounds and for the promotion of the growth thereof dur- 
ing said closed season as the said superintendent or state 
oyster commission may deem advisable; but no oysters 
shall be permanently removed from said grounds during 
said closed season. 



EELATIVE TO CLAMS AND OYSTEES. 33 

16. 'No oysters shall be dredged for, caught or taken No oysters 
from any of the lands of the state under tidal waters of lands not'^ 
the Delaware bay and Maurice river cove, below a line ^^^^^ ' 
running direct from the mouth of Straight creek to Cross 

Ledge lighthouse, and commonly known as the "^south- 
west line," that are not held by virtue of a lease or leases 
issued b}'' the state oyster commission and duly recorded 
as herein provided ; but nothing in this section or in the Exception, 
two sections immediately preceding shall apply to any 
of the creeks or rivers hereinbefore mentioned, nor shall 
be construed to prohibit the taking at any time of oysters 
with rakes or forks on what is commonly known as the 
Cape shore, in C'ape May county. 

17. All oysters, oyster shells and other material Catchcuiied 

11-1,1 ' -1,1 where taken 

dredged, tonged, oir m any m'anner raiseid or taken 
from any of the beds and gTounds above! said "south- 
west line," o<T from any natural oyster bed or ground 
where oysters naturally spawn and grow under the 
waters of Delaware river, Delaware bay and Maurice 
river cove, in this state, shall be culled as soon as the 
same are emptied out of the dredges or tongs on the 
deck of the boat or vessel employed fo^r the purpose, and 
before the same are shoveled ba,ck from that portion of 
the deck used for emptying the dredges ; and all shellsi cuiis thrown 
and other material, except oysters, shall be immediately 
thrO'Mni back upon the beds or ground from which the 
same shall have been- taken; all such oysters, oyster 
shells and otherr material shall be culled as; aforesaid so 
closely that three busliels thereof taken from any por- 
tion of a deck lo>ad of oysters, after the same shall have 
been shoveled back fro'm that part of the deck used for 
emptying the dredges and tongs aforesaid, shall not con- 
tain more than fifteen percentum of shells and other 
material ; and if any person ot persons shall neglect or Refusal to 
refuse to cull as aforesaid all such oysters, oyster shells ^^ 
and other material, he or they shall be deemed guilty of 
a misdemeanor; when the master, commander, captain 
or person in charge of any bo'at, vessel or other craft, 
licenseid under the provisions of which this is a supple- 
ment, is hailed or signaled by any officer of the state 

3 



34 



STATUTE LAW OF NEW JEESEY 



p. L. 1903, 
p. 642. 

Trespassing 
in dredging. 



P. L. 1901, 
p. 307. 
Oyster 
season. 



Taken by 
day only. 



Arrest for 
violating 
oyster laws. 



0}^steT commission and refuses to stop and permit any 
officer or officers of said state oyster eonunission to 
board said boat, vessel or other craft and examine the 
oysters, oyster shells and othei' material on such boat, 
vessel or other craft as aforesaid, the said oyster commis- 
sion shall have power to revoke the^ license of the boat, 
vessel or other craft so< refusing as aforesaid. 

18. Any person or persons who' shall hereafter dredge 
upon or throw, take or cast his oyster dredge, or any 
other instrument used for the purpose of oatehing oysters, 
upon any oyster bed or ground duly marked, buoyed or 
staked upi within the waters of thei Delaware river, Dela- 
ware bay and Maurice river cove, in this statei, other than 
an oyster bed or gronnd for which he or they then hold 
a lease under the terms of the act of which this act. is 
amendatory, shall be guilty of a, misdemeanor and of a 
violation of the provisions of this a,ct. 

19. It shall be unlawful to have in possession, sell or 
offer for sale any oysters caught or taken from any nat- 
ural oyster bed or ground where oysters naturally 
s]i'awn and grow, under the tidal waters of the Delaware 
river or Delaware bay, above the said "southwest line," 
except from and including the first day of April to and 
including the fifteenth day of June of each year. 

20. It shall be unlawful to^ catch or take, or tO' assist 
in catching or taking, any oysters froim any of the lands 
under the tidal waters of the Delaware river, Delaware 
bay and Maurice river cove, or from any of the creeks or 
rivers tributary thereto, before sunrise or after sunset. 

21. The members of the state oyster commission, the 
oyster superintendent, and the several ca,ptains or mas- 
ters of guard-boats, are hereby empowered, and it shall 
be their duty, on view, without special warrant issued 
for that piurpoee, to arrest any person engaged in the 
violation of any of the provisions of this act or the pTO- 
visions of any other law of this state regulating the 
taking, planting or cultivating of oysters in the Dela- 
ware river, Delaware bay or Maurice river cove, in force 
and not repealed by this act. 



EELATIVE TO CLAMS AND OYSTEES. 35 

22. It sliall be the duty of the state nyster comimission License 

•^ revoked for 

to revokei the license of any bo^at or vessel, the ownenv violation. 
ca,pt.ain, master or person in charge of which shall violate 
or ca,iise or permit tO' be^ violated any of the pi'ovisions 
of this act or the provisions of any other law of this state 
regulating the taking, planting or aiTltivating of oysters 
in the Delaware river, Delaware bay or Maurice' river 
cove, in force and not repealed by this act; and said 
commission shall have power to refuse thereafter to allow 
any license to be issued to such boat or vessel for such 
period of time as the commission may fix and determine. 

23. jSTothins; in this act shall be in anywise construed Prohibitions 

. ° "^ not removed 

to authorize or allow any person or persons, boat or by this act. 
vessel, to engage or be employed in the business of tak- 
ing, planting or cultivating oysters in the Delaware river, 
Delaware bay or Maurice river cove, or in any creek or 
ri-^^er tributary thereto, in this state, who- or which are 
prohibited from engaging or being employed in said 
business by laws of this state in force at the time of the 
adoption of this act. 

24. ISTothing in this act shall be interpreted to Title to land 
strengthen, confirm or verify the title of any person to armed 
any lands lying under the tidal waters of the Delaware ^^^ ^' 
river or Delaware bay, above the line running direct from 

the mouth of Straight creek to Cross Ledge lighthouse, 
and commonly known as the "southwest line." 

25. Any person or persons violating any of the pro- Penalty for 
visions of this act, or the provisions of any other law of ^ ^ " 
this state regulating the taking, planting or cultivating 

of oysters in the Delaware river, Delaware bay or Mau- 
rice river cove, in force and not repealed by this act, shall 
be deemed guilty of a misdemeanor, and on conviction 
thereof shall be punished by a fine not exceeding one 
thousand dollars, or imprisonment in state prison not 
exceeding three years, or both, at the discretion of the 
court. 

26. All acts and parts of acts, general or special, in- Repealer, 
consistent with the provisions of this act, are hereby re- 
pealed, and this act shall take effect immediately. 



36 



STATUTE LAW OF ITEW JERSEY 



p. L. 1905, 
p. 65. 
Season for 
taking oys- 
ters above 
southwest 
line. 



Unlawful 
to have or 
sell. 



Season be- 
low south- 
west line. 



Protection 
of oysters. 



A Supplement to an act entitled "An act for the better 
regTilation and control of tlie taking, planting and 
cultivating of oysters on lands lying under tlie tidal 
waters of the Delaware bay and Maurice river cove, 
in the state of l^ew Jersey," approved March twen- 
ty-fourth, one thousand eight hundred and ninety- 
nine. 

Approved March 21, 1905. 

Be it enacted hy the Senate and General Assembly 
of the State of New Jersey: 

1. ISTo oyster shall be dredged for, caught or taken 
from any of the lands lying under the tidal waters of 
the Delaware river, Delaware bay or Maurice river cove, 
above a line running direct from the mouth of Straight 
creek to Cross Ledge lighthouse, and commonly known 
as the "southwest line," except from and including the 
first day of May to .and including the thirtieth day of 
June of each year. 

2. It shall be unlawful to have in possession, sell or 
offer for sale any oysters caught or taken from any nat- 
ural oyster bed or ground where oysters naturally spawn 
and grow under the tidal waters of the Delaware river, 
Delaware bay or Maurice river cove above the said 
"southwest line," except from and including the first day 
of May to and including the thirtieth day of June of each 
year. 

3. 'No oysters shall be dredged for, caught or taken 
from any of the lands lying under the tidal waters of^ the 
Delaware bay and Maurice river cove below a line run- 
ning direct from the mouth of Straight creek tO' Cross 
Ledge lighthouse, and commonly known as the "southwest 
line," at any time except from the first day of September 
to the thirtieth day of June then next, both inclusive, of 
each year ; but the oyster superintendent or any member 
of the state oyster commission may, upon application, 
give permission, in writing, to any lessee or lessees of 
oyster grounds to employ such methods for the' protection 
of his or their oysters on said grounds and for the pro- 



KELATIVE TO CLAMS A:NJ) OYSTEES. 37 

motion of the growth thereof during said closed season 
as the said superintendent or state oyster commission may 
deem advisable ; but no oysters shall be permanently re- 
moved from said grounds during said closed season. 

4. Any i^erson or persons who shall hereafter dredge Trespnss- 

ing a mis- 

upon or throw, cast or drag an oyster dredge, or any demeanor, 
other instrument or appliance used for catching oys- 
ters, upon any of the lands of the state lying under the 
tidal waters of the Delaware bay or Maurice river cove, 
in this state, below the said "southwest line," other than 
land or ground for which such person or persons then 
hold a lease from the state oyster commission, under the 
act to which this is a supplement, or the several acts 
amendatory thereof or supplementary thereto, shall be 
guilty of a misdemaenor. 

5. The oyster superintendent, or any member of the Permission 

. , , " . . T x- • to inspect 

state oyster commission, may, upon application, give per- unieased 
mission, in writing, to any prospective lessee or lessees "^ 
of any unieased oyster ground or grounds, to examine 
and inspect, with proper appliances, any of the unieased 
lands of the state, below said "southwest line" for the 
purpose of determining the suitability or adaptability of 
such lands for oyster culture or propagation, but no oys- 
ters shall be permanently removed from any such lands 
by virtue of any such permit. 

6. j^one of the foregoing sections shall apply to any Application 
creek tributary to said Delaware bay, Delaware river or 
Maurice river cove, nor shall any of the foregoing pro- 
visions be construed to prohibit the taking at any time of 
oysters with rakes or forks on what is commonly known 

as the Cape Shore, in Cape May county. 

7. Any person violating any of the provisions of this penalties, 
act shall be guilty of a misdemeanor. 

8. The members of the state oyster commission, the Right to ■ 
oyster superintendent and the several captains or masters ^^^^^ ' 

of giiard-boats, are hereby empow^ered, and it shall be 
their duty, on view, without special warrant issued for 
that purpose, to arrest any person engaged in the viola- 
tion of any of the provisions of this act, or the provisions 
of any other law of this state regulating the taking, 
planting or cultivating of oysters in the Delaware river. 



38 



STATUTE LAW OF Is^EW JEESEY 



Revocation 
of license. 



Repealer. 



Delaware bay, or Maurice river cove, in force and not 
repealed by this act. 

9. It shall be the duty of the state oyster commission 
to revoke the license of any boat or vessel, the owner, 
captain, master or person in charge of which shall violate 
or cause or permit to^ be violated any of the pro- 
visions of this act, or the provisions of any other 
law of this state regulating the taking, planting or 
cultivating of oysters in the Delaware river, Delaware 
bay or Maurice river cove, in force and not repealed by 
this act ; and said commission shall have power to refuse 
thereafter to allow any license to be issued to such boat 
or vessel for such period of time as the commission may 
fix and determine. 

10. All acts and parts of acts inconsistent with this 
act are hereby repealed, and this act shall be deemed a 
public act and take effect immediately. 



p. L. 1905, 
p. 460. 
Lands ex- 
empt from 
lease. 



Proviso. 



A Supplement to an act entitled "An act for the better 
regulation and control of the taking, planting and 
cultivating of oysters on lands lying in the tidal 
waters of the Delaware bay and Maurice river cove, 
in the state of l^ew Jersey," approved March twenty- 
fourth, one thousand eight hundred and ninety-nine. 

Approved May 11, 1905. 

Be it enacted hy the Senate and General Assembly 
of the State of New Jersey: 

1. That hereafter no lease shall be made by the state 
oyster commission of the state of 'New Jersey for any 
lands under the waters of the Delaware bay southwesterly 
of a line northwest from the mouth of Green creek, Cape 
May county, to the intersection of such line with a line 
running direct from the mouth of Dennis creek to 
Brandywine lighthouse; provided, hoiuever, that this 
prohibition shall not apply to any territory which was 
under lease from the state oyster commission of the state 
of IsTew Jersey on the first day of February, one thousand 
nine hundred and five. 

2. This act shall take effect immediatelv. 



EELATIVE TO CLAMS Al^B OYSTEKS. 39 



A Sn23plement tO' an act entitled "An act to amend an 
act entitled 'An act for the better regulation and 
control of the taking, planting and cultivating of 
oysters on lands lying under the tidal waters of 
the Delaware bay and Maurice river cove, in the 
state of ISTew Jersey/ approved March twenty-fourth, 
one thousand eight hundred and ninety-nine, and 
foT the better enforcement of the provisions of said 
act, and to extend the provisions of said act to lands 
lying under the tidal waters of the Delaware river," 
which said amendatory act was approved March 
twenty-second, one thousand nine hundred and one, 
providing for the better enforcement of the provi- 
sions of said amendatory act and the original act 
entitled "An act for the better regulation and con- 
trol of the taking, planting and cultivating of 
oysters on lands lying under the tidal waters of 
the Delaware bay and Maurice river cove, in the 
state of ISTew Jersey," approved March twenty- 
fourth, one thousand eight hundred and ninety- 
nine, and extending the provisions of said amenda- 
tory act, and extending the provisions of said origi- 
nal act to certain lands under the tidal waters in 
Raritan bay, in the state of ISTew Jersey, to wit, 
lands comprehended by the following lines: Begin- 
ning at the watch house at Canaskonk Point, on the 
shore of Raritan bay ; thence in a straight line to 
the government buoy, known as East Point buoy; 
thence on a true course west southwest to the point 
Ayhere said course intersects a line drawn on a course 
due north from Cliffwood Point; thence on a true . 
course south to Cliffwood Point; thence along the 
shore line to the place of beginning. 

Approved March 25, 1902. 

Be it enacted hy the Senate- and General Assembly 
of the State of New Jersey: 

1. The provisions of the act to which this act is a p. l. i902, 
supplement, and also the provisions of an act entitled Protection to 
"An act for the better regulation and control of the tak- extended. 



40 STATUTE LAW OF A^EW JEKSEY 

ing, planting and cnltivating of oysters on lands lying 
under the tidal waters of the Delaware bay and Maurice 
river cove, in the state of JSTew Jersey," approved March 
twenty-fourth, one thousand eight hundred and ninety- 
nine, be and the same hereby are extended to certain 
lands lying under the tidal waters of Raritan bay, in the 
state of E"ew Jersey, to wit, lands comprehended by the 
following lines : Beginning at the watch house at Canas- 
konk Point, on the shore of Raritan bay; thence in a 
straight line to the government buoy known as East Point 
buoy ; thence on a true course west southwest to the point 
where said course intersects a line drawn on a course due 
north from Cliffwood Point; thence on a true course 
south to Cliffwood Point; thence along the shore line to 
the place of beginning. 



A Supplement to an act entitled "A supplement to an 
act entitled ^An act for the better regulation and 
control of the taking, planting and cultivating of 
oyster on lands lying under the tidal waters of the 
Delaware bay and Maurice Eiver cove, in the State 
of jSTew Jersey,' approved March twenty-fourth, 
eighteen hundred and ninety-nine," which said sup- 
plemental act was approved March twenty-first, one 
thousand nine hundred and five, and extending the 
provisions of said supplemental act, and extending, 
the provisions of said original act to certain lands 
under the tidal waters in Raritan bay, in the State 
of ]^ew Jersey, to wit, lands comprehended by the 
following lines : Beginning at the watch-house at 
Canaskonk point, on the shore of Raritan bay; 
thence in a straight line to the government buoy, 
known as East Point buoy; thence on a true course 
west southwest to the point where said course inter- 
sects a line drawn on a course due north from Cliff- 
wood point ; thence on a true course south to Cliff- 
wood point ; thence along the shore line to the place 
of beginning. 



RELATIVE TO CLAMS AND OYSTERS. 41 

Approved May 25, 1905. 

Be it enacted by the Senate and General Assembly 
of the State of New Jersey: 

1. The provisions of the act tO' which this act is a sup- p. l. 1905, 
plemeiit, and also the p'rovisions of an act entitled "An provisions 
act for the betteT regulation and control of the taking, tended!^ 
planting and cultivating of oysters on lands lying under 

the tidal waters of the Delaware hay and Maurice River 
cove, in the State of I^Tew Jersey," approved March 
twenty-fourth, one thousand eight hundred and ninety- 
nine, he and the same hereby are extended to certain 
lands lying under the tidal water of Raritan bay, in the 
State of JSTew Jersey, to wit, lands comprehended by the 
following lines : Beginning at the watch-house at Canas- Raritan 
konk point, on the shore of Raritan bay; thence in a trict. 
straight line tO' the government buoy, known as East 
Point buoy; thence on a true course west southwest to 
the point where said course intersects a line drawn on a 
course due north from Cliffwood point ; thence on a true 
course south to Cliffwood point; thence along the shore 
line to the place of beginning. 

2. It shall be lawful for the lessees of lands described when oys- 

1 T • II- 1 1 • 1 1 ^^^^ taken. 

m the next preceding section and lying under the tidal 
waters in Raritan bay to catch and take oysters during 
all or any of the months of the year, and before sunrise 
and after sunset; provided^, a special permit in writing proviso, 
is first had and obtained from the oyster superintendent. 

3. In recognition of the increased work entailed upon salary of 

ovstGr su- 

the oysteir superintendent by reason of the passage of this periuten- 
act, he shall hereafteir receive additional compensation 
of salary, determined by the oyster commission, which 
shall not exceed thirteen hundred dollars per annum, and 
which shall be paid in equal monthly payments. 

4. Hereafter the oyster commission shall consist of fomm^s-^*^^ 
four members instead of three, whose qualifications for ^^o^^^i's. 
office, appointment, compensation, salary and duties shall 

be the same in all respects as is provided in the act to 
which this act is a supplement. 



42 STATUTE LAW OF Is^EW JEESEY 

Quorum. g^ Three members of said oyster commission shall con- 

stitute a quorum at any meeting thereof, and any official 
act shall be valid which has been authorized by a majority 
of the commissioners at any stated or special meeting 

Term. thereof. The oyster commissioners shall hereafter each 

b© appointed for a term of three: years, and the four 
members now constituting the oyster commission shall 
continue to hold oflfice during the term and time for which 
they have been respectively appointed, (a) 

6. This act shall be deemed a public act and take effect 
immediately. 



A Further Supplement to an act entitled "A supplement 
to an act entitled 'An act for the better regulation 
and control of the taking, planting and cultivating 
of oysters on lands lying under the tidal waters of 
the Delaware bay and Maurice river cove, in the 
State of ISTew Jersey,' approved March twenty- 
fourth, one thousand eight hundred and ninety- 
nine," which said supplemental act was approved 
March twenty-first, one thousand nine hundred and 
five, and which supplement thereto was approved 
May twenty-fifth, one thousand nine hundred and 
five, and extending the provisions of said supple- 
mental act, and extending the provisions of said 
original act, to certain lands under the tidal waters 
in Raritan bay, in the State of 'New Jersey, to 
wit: lands comprehended by the following lines: 
Beginning at the watch-house at Canaskonk point, 
on the shore of Raritan bay; thence in a straight 
line to the government buoy, known as East Point 
buoy; thence', on a true course west southwest, to 
the point where said course intersects a line drawn 
on a course due north from Cliffwood point ; thence, 
on a true course south, to Cliffwood point; thence 
along the shore line to the place of beginning. 



(a) See sections 2, 3, 4 and 5 of act of 1902 (P. L. 1902, p. 62), 
which are identical with similar numhered sections of this statute. 



EELATIVE TO CLAMS AIs^D OYSTEES. 43 

Approved April 22, 1907. 

Be it enacted hy the Senate and General Assembly 
of the State of New Jersey: 

1. Tlie provisions of the act to which this act is a sup- p. l.jqot, 
plement, and also the provisions of an act entitled "An Act for pro- 
act for the better regulation and control of the taking, oysters ex- 
planting and cultivating of oysters on lands lying under iiaritanbay 
the tidal vs^aters of the Delaware bay and Maurice river qaakecl^ek. 
cove, in the State of ^ew Jersey," approved, March 
twenty-fourth, one thousand eight hundred and ninety- 
nine, be and the same hereby are extended to certain 

lands lying under the tidal waters of Raritan bay and 
Cheesequake creek, in the State of ISTew Jersey, to wit: 
lands comprehended by the following lines : Beginning 
at the watch-house at Canaskonk point, on the shore of 
Raritan bay; thence, in a straight line, to the govern- 
ment buoy, known as East^Point buoy ; thence, on a true 
course west southwest, to the south side of the boundary 
beacon; thence, on a true course west northwest, to the 
south side of the Great Beds light ; thence to Conover's 
point on the shore of Raritan bay; thence along the 
shore line to Cheesequake creek, including all of Cheese- 
quake creek and its tributaries, Travis creek and Flat 
creek; thence from the government jetty at Cheesequake 
creek along the shore line to the place of beginning. 

2. This act shall be deemed a public act and take effect Repealer, 
immediately. 



IV. OYSTER LAW RELATING TO CREEKS 

TRIBUTARY TO DELAWARE BAY 

A^D MAURICE RIVER COVE. 

An Act for the better protection and preservation of the 
oyster industry in the creeks and rivers along the 
shores of Delaware bay and Maurice river cove. 

1. All persons holding a tonger's license as hereinafter p. l. 1897, 
provided to engage in the catching of oysters on the beds "bViaware 
and in the creeks and rivers of Delaware bay and Maurice t(fngers'''*'asso- 
river cove, hereinafter named, are hereby authorized to §an^ization,'^' 

&c. 



44 



STATUTE LAW OF ^^EW JERSEY 



Collector 
board of 
directors. 



and 



Organization 
of board of 
directors. 



P. L. 1899, 
p. 265. 
Collector. 



meet in the town of Port iSTorris, in the county of Cum- 
berland, on the second Monday in March, in each and 
every year, at the hour of ten o'clock in the forenoon, and 
there to organize by the election of three of their number 
as judges of election and one of their number as secretary, 
who shall keep a true record of the proceedings of said 
meeting, and when the said meeting shall be so organized, 
the said license holders shall proceed to elect, by ballot, 
for whijch purjDose the ballot shall remain open three 
hours, a collector and five of their number who shall act as 
a board of directors to transact all business of the associa- 
tion, and who shall serve for one year, or until their suc- 
cessors are elected, and this organization shall be known 
as the "Delaware bay oyster tongers' association;" the 
purpose of which association shall be to aid in the propa- 
gation and preservation of oysters in the creeks and rivers 
hereinafter named, and in securing to all citizens of the 
state free access thereto. 

2. That on and after the passage of this act the follow- 
ing named persons : William Yates and Charles Mc- 
Daniels, of Port jSTorris ; David Claypoole, of Cedar- 
ville ; Vincent B. Tubman, of Dividing Creek ; John 
Eobson, of Leesburg ; Peter Campbell, of I*Tewport ; Bur- 
ton Howell, of Dias Creek, and Peeves Douglass, of Dias 
Creek, be appointed, the first named to serve as collector, 
and the others as board of directors, until their successors 
are regularly elected, the dutiesi of said collector and board 
of directors to be as hereinafter named. 

3. The said board of directors shall immediately, upon 
notice of their appointment or election, meet at Port 
ISTorris, in the county of C'umberland, and there organize 
by the election of one of their number as chaarman and 
one as secretary, who- shall keep a correct record of all 
business transacted by the board of directors in a book 
provided for the purpose, which book shall, at all reason- 
able times, be open to thci inspection of any person hold- 
ins: license from the association. 

4. The said board of directors shall require said col- 
lector of the: association, before, entering upon the duties 
of his office, to give bond in the sum of twoi thousand 



EELATIVE TO CLAMS AND OYSTEES. 45 

dollars, with two responsible freeliolders as security, for 
the faitliful performance of his duties, s'aid bond toi be 
approved by the board of directors; said collector shall, 
upon the p'reseoitation of siatisfactory evidence., and upon 
the payment of a, license fee of three dollars, issue toi any 
person resident of this state a, licensei to engage in the 
businsss of tonging in the creeks and rivers tribuatry to 
Delaware bay, and noi person not holding such license 
shall at any time engage in thei business^ of tonging oysters 
except as hereinafter provided in section eleven of this 
act; upon the expiration of his- term, of office' said col- 
Ic'CtoT shall deliver all moneys, books, vouchers, receipts, 
writings' o^r other' property of the association toi his propi- 
erly qualified succeissor; and said collector shall receive 
as compensation for performing the duties of his office 
the sum of twenty-five centsi for eiach and every license 
so issued by him. 

5. The said board of directors shall be and they are p. l. i897, 
hereby authorized and empowered tO' superintend the' ex- Duties' of 
penditure of all moneys of the association, tO' audit and ^^^^ °^^" 
inspect the' books', accounts, bills, receipts and piapersi of 

every kind of said collector, and the said collector shall, 
upon the request of said bo'ard of directors or' majority 
of the mcimbers thereof, produce for the examination of 
said board of directorsi, his books', accounts, bills,, vouchers 
and other writings touching the administration of the 
office of said collector, and shall not, pay out any moneys 
received by him without the written, order of the chair- 
man of the board of directors, properly attested by the 
secretary thereof. 

6. The said bo'ard of directors shall have the power and Further 

1 11 1 • 1 nn • duties of 

they are hereby authorized to nil any A^acancy occurring directors. 
in the office of collector or in said bo^ard of directorsi by 
reason of death, resig:nation or otherwise; but no person 
shall be appointed to fill such vacancy in said bo-ard of 
directors who is not qualified for election under the pro- 
visions of the first section of this act ; said board of 
directors shall hold an annual meeting on the first Satur- 
day in June, at which meeting seventy-five per centum of 
all moneys in the collector's hands shall be appropriated 



46 



STATUTE LAW OF NEW JEESEY 



Audit, pre- 
pare and 
publish 
statement. 



Quorum and 
compensa- 
tion. 



P. L 1899, 
p. 265. 
Use of cer- 
tain tools 
forbidden. 



P. L. l.«09, 
p. 265. 
Closed 
season. 



for the purpose of pureliasing and planting shells in such 
creeiks! and rivers as may be designated by a majority of 
the said directors, at which meeting a committee of their 
number shall be appointed to superintend the purchase 
and planting of said shells. 

7. The said board of directors shall meet not later than 
the first Saturday in March of each year and audit the 
books and acoountsi of the ooUecitor, at which meeting an 
itemized statement shall be pirepared, showing the receipts 
and expenditures of the association, which statement shall 
be read at the meeting on which the election provided for 
in s^ection first is held, and be published in a newspiaper 
published in Cumberland county, for three days previous 
to said meeting, said paper to be designated by said board 
of directors. 

8. A majority of the members of said board of direc- 
tors chosen as hereinbefore provided for, shall oonstitute 
a quorum for the transaction of all business^ and each 
member of said directorsi shall receive ais compensation 
the sum: of five dollars for each meeting provided for 
in this act, and for' any meeting not specially provided 
for they shall each receive such sums as may be neces- 
sary to defray the actual expensesi incurred for trans- 
portation and maintenance. 

9. It shall be unlawful for any person or persons to 
use or cause to be used any dredge, drag, scrape or patent 
tongs for the purpose of catching oysters from any of 
the following-named beds lying along the shore of Dela- 
ware bay, in the state of !Rew Jersey, namely. Elder 
Point beds, Andrews' ditch beds. East Point beds, the 
High beds, Pepper beds. Dividing creek beds, Oranoken 
creek beds, ]^antuxet creek beds. Beach creek beds. Back 
creek beds at the mouth of Back creek, Cohansey beds 
at the mouth of Cohansey river, and in any of the creeks 
and rivers of this state tributary to the said Delaware 
bay. 

10. It shall be unlawful for any person or persons to 
gather, scrape, rake or tong any oysters of any section 
whatever, in or upon the beds, creeks or rivers of the 
state of ISFew Jersey, upon the shores of the Delaware 



EELATIVE TO CLAMS AND OYSTEES. 47 

bay now in section nine of this act, excepting upon the 
beds at the month of and in Maurice river, for and dur- 
ing the period from the fifteenth day of June until the 
first day of September in each and every year. 

11. Any person, a resident of this state, desiring to p. l._1899, 
engage in the gathering of oysters with hand tongs from License, 
the creeks, rivers and beds referred to in section nine of 

this act, for the purpose of selling or planting, shall first 
obtain a license from the collector of the Delaware Bay 
Oyster Tongers' 'Association and shall pay for the same 
the sum of five dollars for each and every license so 
granted, and no person not having such license shall take 
more than two bushels of oysters from any of such beds in 
any one day ; each license so granted shall be good for one 
year from the date of its issue ; shall be under the hand 
and seal of such collector, and each license so granted 
shall be numbered, and the person receiving such license 
shall have the number thereof printed on the port side 
of his boat, outside the bow, in black letters on white 
ground, and each figure thereof shall measure not less 
than six inches in length and one inch in width ; each 
license so granted shall state the name and residence of 
the person to whom granted, and the collector shall fur- 
nish to each holder of said license a complete list of all 
licenses so issued by him. 

12. All oysters taken from any of the creeks, rivers or p. l i899, 
beds affected by the provisions of this act shall be culled oysters 
in or upon the creeks, rivers or beds whence taken, and taken, 
all undersized oysters, shells and trash removed from 

such oysters shall be thrown back upon the beds whence 
the same have been taken. 

13. 'No oysters which measure less than three inches p. l- 1899, 

D 265. 

from hinge to mouth shall at any time be taken from sizeofoys- 

c 1 1 • 1 1 fv 1 1 1 • • ^^^ taken. 

any oi the creeks, rivers or beds aiiected by the provisions 
of this act, or be in the possession of any person what- 
ever after being so taken; yrovided, that this shall not Proviso, 
apply to spat or blisters adhering so closely as to be im- 
possible to remove without destruction ; but in no case 
shall this exception amount to more than ten per centum 
of the bulk of any catch or cargo. 



48 



STATUTE LAW OF A^EW JEESEY 



p. L. 1897, 
p. 355. 

Oyster bushel 
measure. 



Penalty for 
using im- 
proper 
measure. 



P. L. 1899, 
p. 265. 
Lands below 
tidal water 
public. 



Proviso. 



Penalty for 
violation. 



14. All oysters measured in this state shall be meas- 
ured in a circular bushel tub, with straight sides and 
straight solid bottom, and said tub shall have the follow- 
ing dimensions, viz., fifteen inches in diameter across 
the top from inside to inside, and thirteen inches and 
three-quarters across the bottom from inside to inside, 
and twenty inches diagonal from inside chime to top; 
any person or persons engaged in buying or selling oysters 
in the shell in this state and measuring the same in any 
measure contrary to the provisions of this section of this 
act, shall be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be punished by a fine of not 
exceeding one hundred dollars or imprisonment in the 
county jail not exceeding ninety days, or both, at the 
discretion of the court ; the proceeds of said fine to go, 
one-half to the Delaware B'ay Oyster Tongers' Associa- 
tion and one-half to the informer. 

15. It shall be unlawful for any person or persons, 
corporation or coi^Dorations, to gTow or plant oysters for 
their own private use, to the exclusion of the inhabitants 
of this state, upon any land or lands that lie below the 
tidal Avaters of any of the creeks, rivers or beds of the 
state of ISlew Jersey, in, upon or tributary to the Dela- 
ware bay and affected by the provisions of this act; 
provided, that the provisions of this act shall in no wise 
affect or impair any rights, privileges or property which 
previous to the passage of the act to which this act is 
amendatory shall have been acquired under an act en- 
titled "A further supplement to an act entitled 'An act 
for the preservation of clams and oysters,' " passed the 
fourteenth day of April, one tkousand eight hundred and 
forty-six, which said supplement was approved March 
ninth, one thousand eight hundred and fifty-five. 

16. Any person, company or corporation violating any 
of the provisions of this act shall be deemed gnilty of a 
misdemeanor and on conviction thereof shall be punished 
by a fine not exceeding one hundred dollars or imprison- 
ment for any term not exceeding six months, or both, at 
the discretion of the court before which such conviction 
is had; one-half the fine imposed shall be paid to the 



EELATIVE TO CLAMS AND OYSTEES. 49 

collector of tlie Delaware Bay Oyster Tongers' Associa- 
tion and one-half to the collector of the county where 
such conviction is had. 

17. If any person, company or corporation shall be seizure and 

, . . . sale of ves- 

found violatino' any of the provisions of this act and for seisvioiat- 

1 ° . 1 » , T ing law. 

that purpose using any boat, rait, scow or other vessel, 
it shall be the duty of all sheriffs and constables, and 
shall be lawful for any member or officer of the Delaware 
Bay Oyster Tongers' Association to seize and secure 
without warrant or process such boat, raft, scow or other 
vessel, together with all tackle and implements so used, 
and immediately thereupon give information to any two 
justices of the peace of the county, convenient to the 
j)lace where such, seizure shall be made, who are hereby 
empowered and required at such time and place as they 
shall appoint, not less than five nor more than ten days 
thereafter, summarily to hear and determine the same; 
and in case such boat, raft, scow or other vessel, with 
such tackle and implements so used shall be condemned, 
the same shall be sold by the order and under the direc- 
tion of said justices, who, after deducting all legal costs, 
charges and expenses of such seizure, condemnation and 
sale, shall pay one-half the net proceeds thereof to the 
collector of the Delaware Bay Oyster Tongers' Associa- 
tion and the balance to the collector of the county where 
such sale shall have been made. 

18. If any person or persons on board any such boat, Resistaace to 

'J '- ^ 'J ' officers a mis- 

raft, scow or other vessel shall refusei and not suffer to demeanor. 

enter the same or resist before or after entering, any of 
the said sheriffs, constables or officer or member of the 
Delaware Bay Oyster Tongers' Association, or otherwise 
resist them, or any of them, in the lawful seizing of the 
same, then every person so offending shall be deemed 
gTiilty of a misdemeanor, and subject to the penalty here- 
inbefore provided. 

19. All acts and parts of acts inconsistent with the Repealer, 
provisions of this act are hereby repealed, and this act 

shall take effect immediately. 

4 



50 



STATUTE LAW OF NEW JEKSEY 



p. L. 1900, 
p. 475. 
License to 
gather seed 
oysters. 



Granting of 
license. 



Treasurer ; 
duties, &c. 



An Act for the better preservation of the oyster industry 
in the creeks and rivers along the shores of Delaware 
bay and Maurice river cove and the tide-waters of 
the Atlantic seaboard of the state of I^ew Jersey. 

Approved March 23, 1900. 

B^ IT ENACTED hy the SenMe and General Assembly 
of the State of New Jersey: 

1. All persons residents of this state desiring to engage 
in the gathering of seed oysters with hand-tongs or patent 
tongs, shall first obtain a license from the 'New Jersey 
oyster and shell commission, and shall pay for the same 
the sum of two dollars and fifty cents for each and every 
license so granted, provided that no person without a 
license shall gather more than two bushels in any one day ; 
each license so granted shall be for one year from the date 
of issue and shall be under the hand and seal of a member 
of the above-named commission; each license so granted 
shall be numbered, and the person receiving such license 
shall receive with it a number which shall correspond 
with the number of his license, which number shall be dis- 
played on the port side of his boat at the bow, and each 
license so granted shall state the name and residence of 
the person to whom said license is granted, a record of 
which shall be kept by the commission. 

2. The commissioners are hereby authorized to grant 
said license to any applicant upon presentation of satis- 
factory evidence of citizenship of this state, and the pay- 
ment of two dollars and fifty cents, granting to him the 
privilege of tonging for oysters upon any natural oyster- 
seed ground of this state, except such as may be occupied 
by the state for the purpose of propagation. 

3. The commission shall elect one of their number 
treasurer, who, before entering upon the duties of his 
office, shall give bond in the sum of three thousand dollars 
for the faithful performance of his duties, said bond to be 
approved by the said commission ; it shall be the duty of 
the treasurer to supervise the granting of all licenses and 
receive from the several commissioners at the end of each 



RELATIVE TO CLAMS AND OYSTEKS. 51 

month all moneys collected by them, paying the same to 
the treasurer of the state at the end of each quarter; 
twenty per centum of which shall be available for the 
payment of all bills incurred in issuing licenses, to be 
paid by the state treasurer upon warrant of the comp- 
troller, the comptroller being hereby authorized to issue 
such warrant upon presentation of bills duly verified by 
oath or afiirmation. 

4. It shall be unlawful for any person or persons to Taking of 
use, or cause to be used, any dredge, drag, scrape or other dredge^ &c., 
instruments except hand-tongs or patent tongs for the bedsun-^ 
purpose of catching oysters from the following-named ^'^^^"^• 
beds, creeks and rivers of the state of 'New Jersey, along 
the shore of Delaware bay, viz. : Elder Point beds, An- 
drews' ditch beds. East Point beds, the High beds, Pep- 
per beds. Dividing creek beds, Oronoken beds, l^antuxet 
creek beds. Beach creek beds, Goshen creek, Dennis creek. 
East creek. West creek. Dividing creek, Oronoken creek. 
Straight creek. Fishing creek. Oyster creek, Fortesque 
creek, Beadon's creek, Sow and Pigs creek. Dare's creek, 
Padget's creek, ISTantuxet creek. Cedar creek. Back creek. 
Middle Marsh creek. Stow creek, ITantuxet beds at the 
mouth of l^Tantuxet creek. Back creek beds at the mouth 
of Back creek, and Cohansey beds at the mouth of Cohan- 
sey river, and Maurice river and Cohansey river and the 
tide-waters of the Atlantic seaboard of the state of New 
Jersey, and that any person or persons violating any of Penalty for 
the provisions of this section of this act shall be deemed 
guilty of a misdemeanor, and upon conviction thereof 
shall be punished by a fine not exceeding two hundred 
dollars, or imprisonment in the county jail for a period 
not exceeding six months, or both, at the discretion of the 
court; and shall furthermore forfeit the boat used for 
such imlawful purposes, together with her appliances and 
appurtenances thereunto belonging ; said boat, her appli- 
ances and apj)urtenances, to be advertised for thirty days 
by a commissioner of the district wherein the arrest and 
seizure of said boat, her appliances and appurtenances, 
were made, and sold by him to the highest bidder at pub- 
lic sale, and the proceeds of said sale to be divided, one- 



52 



STATUTE LAW OF NEW JERSEY 



Oysters, 
where culled. 



Planting of 
oysters below 
tide-waters 
in certain 
districts for 
private use 
unlawful. 



Penalty. 



Penalty of 
violations of 
certain sec- 
tions. 



Repealer. 



half thereof to go to the treasurer of the state for the use 
of the state, and the other one-half in equal proportions 
to the persons furnishing the evidence necessary to secure 
a conviction. 

5, All oysters taken from the tide-waters of this state 
mentioned in section four of this act shall be culled in the 
creeks, rivers or on the beds where caught, and the shells 
and trash shall be thrown below low-water mark in said 
creeks, rivers or on the beds where the oysters were 
caught. 

6. It shall be unlawful for any person or persons, cor- 
poration or corporations, to grow or plant oysters for their 
own private use, to the exclusion of the inhabitants of 
this state, upon any lands that lie below the tide-waters of 
any of the creeks, beds or rivers of the state of ISTew Jer- 
sey, upon the shore of the Delaware bay, named in section 
four of this act ; that any person or persons, corporation 
or corporations, violating any of the provisions of this 
section of this act shall be deemed guilty of a misde- 
meanor, and upon conviction thereof shall be liable to a 
fine of not exceeding twoi hundred dollars or imprison- 
ment in the county jail for a peiriod of six months, or 
both, at the discretion of the court, and the fine when sO' 
recovered shall be paid onerhalf to the treasurer of the 
state for the use of the state, and the^ other one-half in 
equal proportions' tO' the jDiersons furnishing the necessary 
evidence! to secure a conviction. 

Y. Any person or peirsons violating any of the pro- 
visions of sections one, two, threci and five of this act shall 
be deemed guilty of a. misdemeanor', and upon conviction 
thereof shall be- punished by a fine of fifty dollars or im- 
prisonment' in any coiunty jail for a, period of three 
months, or both, at the discretion of the court. 

8. All acts and parts of a,c1:s inconsistent with this act 
shall b'e' and the same are in so' far hereby repealed. 



EELATIVE TO CLAMS AND OYSTEES. 53 



Siipipilemieiit to an a,ot emtitled "An act for thei better 
pireseirvation of the oyster industry in tlie' creeks 
and rivers along the shores of Delaware bay and 
Maurices river cove and the tide waters of the 
Atlantic seaboard of the state of ISTew Jersey," 
approved Maircli twenty-third, one thonsiand nine 
hundred. 

Approved April 9, 1902. 

Be it EisTACTED hy the Senate and General Assembly 
of the State of New Jersey: 

1. It shall be unlawful for any personi or personsi to p. .l. 1902, 
use, or cause to be used, any dredge, drag, scrape or Taking oys- 
other instrument except hand tongs for the purpose of dredge, &c., 
catching oysters from' the following named bedsi, oreeks: bedTun- 
and rivers, of thei state of JSTew Jersey, along the shore; ^^ ^ ' 
of Delaware bay, viz., Elder' Point beds, Andrews' ditch 
beds, East Point beds, thei High beds;. Pepper bedsi. 
Dividing creek bedsi, Oronoken. beds, ISTantuxet creek 
beds. Beach creek beds, Go'shen creek, Dennis creek, 
East creek, Wc'St creek, Dividing creek, Oronoken creek. 
Straight creek, Eishing creek, Oyster creek, Eortescuei 
creek, Beadon's creek. Sow and Pigs creek, D'are's creek, 
Padget's creek, ISTantuxet creek. Cedar creek. Back creek, 
Middle Marsh creek. Stow cre'ck, jSTantiUxet, bedsi at the 
mouth of JSFantuxet creek, Back creek beds at thei mouth 
of Back creek, and Cbhansey beds at the mouth of 
Cohansey river, and Maurice river and Cdhanseiy river, 
and the tide waters of the^ Atlantic seaboard of the 
state of New Jersey; and no licensei shall be issued by 
any comniiission or state official contrary to the provi- 
sions of this: act; any person or persons violating any Penalty for 

» , . . P 1 . , n n 1 1 1 M c violation. 

01 the provisions of this act snaii be deemed guilty of 
a. misdemeanor, and upon conviction thereof shall be 
punished by a fine not exceeding twoi hundred dollars, 
or imprisonment in the county jail for a period not 
exceeding six monthsi, or both, at the discretion of the 
court; and shall furtheirmorei forfeit the boat used for 
such unlawful piurpoaes, to'gether with her' appliances' 
and appurtenances thereunto belonging; said boat, her 



54 



STATUTE. LAW OF I^EW JEESEY 



appliances and appurtenances, to be advertised for thirty 
days by a commissioner of the district wherein the arrest 
and seizure of said boat, her appliances and appurte- 
nances, were made, and sold by him toi the highest bidder 
at public sale, and the proceeds' of said sale tO' be divided, 
onef-half thereof to go to the treasurer of the state for the 
us© of the state!, and the other one-half in equal propor- 
tions tO' the persons furnishing the^ evidence necessary tO' 
secure a conviction. 

2, This act shall take effect immediately. 



OYSTEK ACT APPLICABLE TO SHAEK EIVEK. 



p. L. 1905, 

p. 27. 

Boundaries 
of Shark 
rivex clam 
and oyster 
district. 



An Act for the regulation, protection and control of the 
planting, cultivating and the gathering or taking of 
oysters and clams on lands covered with water in 
Shark river, in the county of Monmouth. 

Approved March 7, 1905. 

Be it enacted hy the Senate and General Assembly 
of the Stoite of New Jersey: 

1. All the: lands of the state of 'New Jersey covered 
with water in Shark river, in the county of Monmouth, 
within the following boundaries, to wit: Beginning at 
low-water mark at Pearch Point, in the township of Ne^- 
tune, in said county; thence running in a straight line 
to Beckey's (or Buckey's) Point, in the township of 
Wall, in said county ; thence up' the shores at low-water 
mark (crossing the mouths of all brooks that empty intO' 
said river) as high upi the said river as the tide flows, or 
as may be deemed suitable to the growth of oysters and 
clams; thence beginning again at low-water mark at 
Pearch Point, in the township of JSTeptune aforesaid, and 
running thence in a straight line to Beckey's (or 
Buckey's) Point, in the townshipi of Wall aforesaid; 
thence do^vn the shores at low water and on a line with 
the east end of what was formerly known as James W. 
White's dwelling-house; thence northerly and on a 
straight line to a stake standing at low-water mark on 
the west side of Long Point, opposite Yellow Bank, in 



EELATIVE TO CLAMS AND OYSTEES. 55 

tlie townskip of ISTeptune; thence up the shore of said 
river at low-water mark to the beginning; also all that 
cove knoMTi as Mushquash cove, north of a line from what 
was formerly known as Doctor Miller's residence to 
Sedge island bar ( all of which lands were formerly occu- 
pied by the county of Monmouth under the provisions of 
an act entitled ''An act to authorize the planting of oys- 
ters on lands covered Wiith water in Shark river, in the 
county of Monmouth, and for the protection of the 
same," approved March fourteenth, one thousand eight 
hundred and sixty-one, and the supplements and amend- 
ments thereto ; which occupany has expired by limita- 
tion) , shall hereafter bei known as the Shark river oyster 
and clam district, in the county of Monmouth, and shall 
be under the exclusive jurisdiction, regTilation and con- 
trol of an oyster and clam commissioner tc be known as 
the oyster and clam commissioner of the district of Shark 
river, in the county of Monmouth; said commissioner commis- 
shall be a citizen of the state of IsTew Jersey and resident 
within the townshipi of IST'eptune, or the township of 
Wall, in said county, and shall be appointed and com- 
missioned by the governor of this; state for the term of 
three years ; he shall hold office until the appointment Term, oath, 
and qualification of his successor, and before entering 
upon his duties he shall file with the secretary of state an 
oath that he will faithfully discharge the duties of his 
ofiice (which oath may be taken before any person au- 
thorized to take oaths and affirmations in this state), to- 
gether with a bond, with good and sufficient surety, in 
the sum of one thousand dollars, conditioned for the faith- 
ful performance of his duties, which bond shall be first 
approved by the law judge of the county of Monmouth. 

2. The surveys and maps heretofore made of said land Surveys and 

■^ ^ maps 

and the stakes set under the provisions of the act re- adopted, 
ferred to in the first section of this act shall be and hereby 
are adopted for the purpose of leasing the same under ■ 
this act, as hereinafter provided, by the said commis- 
sioner, and the same shall be leased by him in accordance 
therewith, that is to say, by the tract or parcel indicated 
thereon and thereby; but should any of said land not Further 

'^ ' surveys. 



56 



STATUTE LAW OF XE,W JEESEY 



Leases. 



Proviso. 



Failure to 
pay rental 
to forfeit 
right. 



Notice to 
show cause. 



have been surveyed, mapped or staked under the provi- 
sions of said act said commissioner shall proceed to have 
the same done, the expense thereof to be defrayed out of 
the rentals by him received as hereinafter provided; the 
commissioners appointed under the act to which reference 
is made in the first section hereof shall turn over and de- 
liver to the commissioner appointed under this act all the 
maps, surveys, leases and records in their possession relat- 
ing to said land and their duties under said prior act. 

3, The said commissioner shall have power, and he is 
hereby directed, to lease and rent at public auction to the 
highest bidder or bidders for a period not exceeding ten 
years, or by private contract for a like period, the tracts 
or parcels of land included within the boundaries de- 
scribed and set forth in the first section of this act as the 
same appear upon the maps, sur^^eys or by the stakes here- 
tofore made and set as referred to in the last preceding 
section ; provided^, however, that if said leasing be by 
j)rivate contract the annual rental shall not be less than 
fifty cents nor more than three dollars per acre, or frac- 
tion thereof ; the lessee or lessees of said tracts or parcels 
of land shall, in all cases, be citizens of the state of ^ew 
Jersey resident within the county of Monmouth, and 
shall pay the rent agreed to be paid for each tract or par- 
cel of land annually, in advance, during the term for 
which the same may be or are leased ; failure to pay said 
rentals, or any of them, at the time or times stipulated 
shall cause the lease or leases of the person or persons so 
failing to pay the same to become forfeited, and the right 
of said person or persons to the land thereby leased to 
cease; and the said commissioner shall cause the said 
lease or leases upon which the said rent is due and unpaid 
as aforesaid to be canceled upon the books to be by him 
kept as hereinafter provided, and said forfeited land 
may be thereafter leased to any citizen of this state 
resident in said county as above provided ; but be- 
fore said lease or leases shall be canceled and the 
right of any person or persons to the land held there- 
under shall be forfeited as above set forth the said 



EELATIVE TO CLAMS AXD OYSTEES. 5Y 

commissioner shall cause notice to be personally served 
upon said lessee or lessees directing him, her or them 
to appear before said commissioner, at a place tO' be 
designated within the said townships of JSTeptune or 
Wall, in said county, within thirty days from the date 
of serv'ice of said notice, and show cause, if any there 
be, why said lease or leases should not be canceled, and 
why the right of said lessee or lessees to longer hold 
said land thereunder should not be forfeited ; and if commis- 

/ sioner may 

such lessee or lessees so appear and show sufficient cause accept rental 

^^ . , at hearing. 

why said rental has not been paid, and why said 
right to said land should not be forfeited, and at the 
same time tender the money due for said rental and 
pay the costs of the said notice, the said commissioner 
shall accept said moneys and the rights of said lessee 
or lessees shall not be forfeited because of such failure 

to pav said rental; and in case of the failure of said Cancellation 
T T T , „ of lease, 

lessee or lessees to so appear and show cause as afore- 
said the said lease or leases shall be canceled, as above 
provided, and the right of said person or persons to 
longer hold said leased land shall be declared by the 
said commissioner tO' be forfeited in the manner afore- 
said; and the said commissioner shall, in such case, fix 
a sufficient time within which the oysters and clams 
upon said forfeited land shall be removed by the 
person or persons owning the same, and shall cause 
notice of the time so fixed to be personally served upon 
said person or persons, and the said land shall not be 
leased to any other person or persons until after the 
expiration of the time so fixed ; whenever personal ser- Notice, how 

sGrvGd. 

vice of any notice is herein required, and the lessee or 
lessees shall, at the time of said service, be absent from 
the state, said commissioner shall cause a copy of said 
notice or notices to be published in at least one news- 
paper published in the county of Monmouth and cir- 
culating within the townships of l^eptune and Wall afore- 
said for a period of at least four weeks ; which publica- 
tion shall be deemed of the same force and effect as 
though said notice or notices had been personally served. 



58 



STATUTE LAW OF l^EW JERSEY 



Prior jigMs 
of present 

lessees. 



Proviso. 



Removal of 
clams and 
oysters. 



Exclusive 
right of oc- 
cupation. 



4. Any person or persons in j)ossession of any of the 
tracts or parcels of land included within the boundaries 
set forth in the first section of this act, under a lease or 
leases heretofore executed under the provisions of the act 
to which reference is therein made, and the supplements 
and amendments to said act, shall, at the expiration of 
such lease or leases (for which time the rights and privi- 
leges under which lease or leases are hereby preserved to 
such person or persons), and upon a resale of said tracts 
or parcels of land by the said commissioner under the 
next preceding section of this act, have the preference, or 
prior right, to a new lease or leases therefor at the annual 
rental or rentals which may be bid therefor, if the same 
shall be put up at public auction, or at private contract, 
if that method shall be pursued by said commissioner; 
provided, that application therefor, in writing, be filed 
with the said commissioner within thirty days after the 
expiration of such lease or leases, in default of which 
said commissioner shall have the power thereafter to lease 
said tracts or parcels of land in the manner and form 
hereinabove provided ; and at the expiration of any lease 
granted under the provisions of this act, the same may 
be renewed in like manner; and in the event that any 
of said leases are not renewed the said commissioner shall 
fix 'the time within which the oysters and clams upon 
the tract or parcel of land covered by such lease shall be 
removed by the person or persons ovwaing the same, and 
he shall cause notice of said time so fixed to be personally 
served in the manner and form hereinabove provided 
upon the person or persons aforesaid, and the said tracts 
or parcels of land shall not be leased to others until after 
the expiration of the time so fixed. 

5. Upon the execution of any lease or leases for any 
tract or parcel of land under the provisions of this act, 
and upon the payment of the rental at the time and in 
the manner stipulated, the lessee or lessees and his, her or 
their legal representatives shall be entitled to the exclusive 
use and occupation of the said tract or parcel of land 
during the term for which the same shall be leased for 



EELATIVE TO CLAMS AND OYSTEES. 59 

the piiri30se of planting, growing, cultivating and taking 
or gathering oysters and clams thereon, subject to the 
said commissioner's right of forfeiture, as hereinabove 
provided. 

6. It shall not be lawful for any person or persons who may 
whatsoever, other than the lessee or lessees, aforesaid and gather, &c. 
their legal representatives, to plant, gather, take, injure 

or destroy any oysters or clams within the boundaries of 
any tract or parcel of land leased or rented, as herein 
provided, during the term or terms for which the same 
may be leased or rented, without the written permission 
or consent of the said lessee or lessees, or his or their 
legal representatives first had and obtained; and if any Liability 

, „ . 1 . -11 1 • fortrespas- 

person or persons shall enter withm said boundaries sing. 
without such permission or consent and injure, gather, 
take, or destroy any oysters or clams therein planted and 
growing, or commit any trespass thereon, he, she or they 
so trespassing shall be liable to the party injured for the 
first offense in treble damages, to be recovered in an action 
of trespass in any court having competent jurisdiction 
thereof ; and for the second offense shall be deemed guilty 
of a misdemeanor, and upon conviction shall be punished 
by a fine not exceeding one hundred dollars, or imprison- 
ment in the county jail not exceeding three months, or 
both. 

7. Said commissioner shall keep an accurate record of ^^^^^^ 
all leases of any of the tracts or parcels of land by him 
leased under the provisions of this act, which record shall 

be known as a book of leases ; he shall also keep a record 
of his ofiicial acts and proceedings, and shall collect and 
receive all moneys due and' to become due from time to 
time for rentals of the tracts and parcels of land under 
the leases herein provided for, or from any other source 
by virtue of this act ; he shall annually, on or before the Annual 
first day of October, report, under oath, to the state comp- 
troller his receipts and disbursements, and after said 
report shall be audited and approved by the state comp- 
troller, he shall pay to the state treasurer the balance of 
money remaining in his hands as shown by said report; 



60 



STATUTE LAW OF XEW JEESEY 



Compensa- 
tion. 



Report to 
bureau of 
shell fish- 
eries. 



Repealer. 



he shall receive for his services, each year, one-half of the 
gross receipts from said oyster and clam grounds, which 
amount shall be ascertained from his annual report, and 
shall be paid by the state treasurer on the warrant of the 
state comptroller, after his said report shall be audited 
and approved as aforesaid; said commissioner shall also 
annually report to the bureau of shell fisheries of this 
state, on or before the first day of jSTovember, his receipts 
and disbursements, a memoranda of all leases entered 
into by him with lessees of said land ; and shall also file 
with said bureau a copy of all maps and surveys of the 
land comprised within said boundaries ; and, when re- 
quired by the chief of said bureau, shall also file any 
other records, papers, writings or data or reports per- 
taining to his office and the land over which he is to 
have jurisdiction by virtue of this act. 

8. All acts or parts of acts, general or special, incon- 
sistent herewith be and the same are hereby repealed, and 
this act shall take effect immediately. 



p. L. 1901, 
p. 326. 

When oysters 
may be 
taken from 
Shark river. 



Penalty. 
What can 
person be 
guilty of, 
misdemeanor 
or high 
misdemeanor. 



A Eurther Supplement to an act entitled "An act for the 
punishment of crimes" [Revision of 1898], ap- 
proved June fourteenth, one thousand eight hundred 
and ninety-eight. 

Approved March 22, 1901. 

Be it enacted hy tli& Senate and General Assembly of 
the State of New Jersey: 

1. It shall not be lawful hereafter for any person or 
persons to take or dredge oysters from Shark river, in the 
county of Monmouth, in this state, between the hours of 
six o'clock p. M. and six o'clock a. m. 

2. Any person or persons violating the provisions of 
this act shall, on conviction thereof, be punished by a fine 
of not less than ten dollars and not more than one hun- 
dred dollars. 

3. This act shall take effect immediately. 



EELATIVE TO CLAMS AND OYSTEES. 61 



CHAPTEK 187. 

An Act to amend an act entitled '^'An act to provide for 
the scientific investigation of oyster propagation," 
approved March twenty-first,- one thousand nine hun- 
dred and one. 

Approved May 13, 1907. 

Be If ENACTED hy the 8ermte and General Assembly 
of the State of New Jersey: 

1. Section one of an act entitled "An act to provide section 
for the scientific investigation of oyster propagation," 
approved March twenty-first, one thousand nine hundred 
and one, be amended so as to read as follows : 

1. The director of the 'New Jersey Agricultural Col- fn^estf^a?"^ 
lege Experiment Station at ISTew Brunswick is hereby ^°.| °J^ation 
authorized to establish and to maintain one or more sta- 
tions for the scientific investigation of oyster propaga- 
tion and other ostracultural problems, said station or 
stations to be situated at some point or points in the 
oyster-growing sections of this state; to procure a boat 

or boats adapted to the prosecution of the aforemen- 
tioned research work; to have the same equipped with Equipment, 
suitable apparatus ; to engage such expert or experts and 
the services of such other persons as may be needed in 
the maintenance of the: ostracultural studies so under- 
taken, and to transmit annually to the governor a full Annual 

. . . . report. 

and detailed report of the scientific operations under this 
act in the reports of the agricultural college experiment 
stations ; the amount authorized to be expended under Appropria- 
the provisions of this act shall not exceed the sum of 
twelve hundred dollars in any one year; provided, that Proviso, 
no moneys shall be drawn from the state' treasury for the 
purposes of this act until the same shall have been speci- 
fically appropriated according to law,, (a) 

2. This act shall take effect immediately. 

(a) The original act consisted of but one section. 



62 



STATUTE LAW OF NEW JERSEY 



CHAPTER 303. 



Navigable 
waters Indi- 
cated. 



Oyster super- 
intendent 
to act. 



Assistants 
and material. 



Proviso. 



Not to inter- 
fere with 
federal 
buoys. 



Notice of 
markings. 



An Act to provide for the marking and designating of the 
channels of the bays, thoroughfares and sounds 
flowed by tide water in the counties of Ocean, At- 
lantic and Cape May. 

Approved June 12, 1906. 

Be it enacted hy the Senate and General Assembly 
of the State of Neiu Jersey: 

1. It shall be the duty of the persons designated by 
this act annually, on or before the first day of June, to 
stake, buoy, mark, or otherwise indicate, to the best of 
such person's ability, such channels in or beds of bays, 
thoroughfares and sounds as may be navigable, flowed 
by tide water in the counties of Ocean, Atlantic and Cape 
May. 

2. The duty required by this act shall be performed 
by the oyster superintendent of the several districts of 
Ocean, Atlantic and Cape May counties, each superinten- 
dent to have charge of all waters included in his district. 
Where there exists no oyster superintendent for any of 
said counties the oyster superintendent for the adjoining 
district shall perform the duty. 

3. The said superintendent shall have power to provide 
all stakes, buoys, signs, markers and other materials nec- 
essary to carry out the provisions of this act, and may 
secure and pay for the services of persons in the said dis- 
tricts for the purpose of ascertaining the locations of 
channels ; provided, however , that said superintendent 
shall in no case contract for such work or materials to an 
amount in excess of the moneys appropriated for that pur- 
pose. 

4. In carrying out the purpose of this act no buoy, 
stake, sign or marker shall be placed near any buoy 
maintained by the Government of the United States, nor 
placed so as to interfere with the purpose thereof. 

5. The said oyster superintendent shall give public no- 
tice annually on or before June fifteenth of the fact that 
channels have been marked as required by this act, and in 



meanor. 



EELATIVE TO CLAMS AND OYSTEES. 63 

said notice inform the public of the nature of said mark- 
ings and how they may be read and understood. 

6. Each su]3erintendent shall receive annually, as com- salaries of 
pensation for the duty required by this act, the sum of one intendents. 
hundred dollars, payable July fifteenth, for each district p^ l.^iIot^*^' 
in which such channel shall be so designated, and shall be ^" ^^^" 
allowed for the materials and services necessary to carry 

this act into effect the additional sums of four hundred 
dollars for the district embraced by Ocean county, four 
hundred dollars for the district embraced by Atlantic 
county and six hundred dollars for the district embraced 
by Cape May county. 

7. Said superintendent shall annually, on or before Annual state- 
July fifteenth, file with the Comptroller an itemized 
statement, verified by oath, of the expenses incurred by 

him by authority of this act. 

8. Any person that shall willfully remove, change, mu- Removal of 
tilate or destroy any stake, buoy, sign or marker, placed misde- 
by the oyster superintendent under authority of this act, 
shall be guilty of a misdemeanor. 

9. This act shall take effect immediately. 



CHAPTER. 113. 

An Act to amend an act entitled "An act creating a 
bureau of shell fisheries," approved April four- 
teenth, in the year of our Lord one thousand nine 
hundred and three. 

Be it enacted hy the Senate and General Assembly 
of the State of New Jersey: 

1. Section 1 of the act entitled "An act creating a p. l. iqot, 
bureau of shell fisheries," approved April fourteenth, in section 
the year of our Lord one thousand nine hundred and 
three, be amended so as to read as follows : 

1. A state bureau of shell fisheries is hereby estab- Bureau of 

. sliell flsh- 

lished. The chief of said bureau shall be appointed by eries ; chief, 
the Governor for the term of four years and thereafter 
a successor shall be appointed for a like period of four 



64 



STATUTE LAW OF NEW JERSEY 



Oyster com- 
missions to 
report to 
bureau. 



Eeport of 
director of 
experiment 
station. 



Copies of 
maps, &c.. 
filed. 



Office. 



Duties of 
chief. 



.'innual 
report. 



years whenever said office shall become vacant by death, 
resignation or expiration of the current term ; his salary 
shall be twelve hundred dollars per annum, payable 
monthly by the treasurer on the warrant of the comp- 
troller; the chief of such bureau may employ such 
clerical assistance as may be necessary from time to 
time ; the several oyster commissions of the State shall 
file with such bureau a statement in detail, quarterly 
and oftener if required, of the receipts and disburse- 
ments of their several commissions, and such commis- 
sions shall further report annually to the said bureau 
on the first day of ^November a summary of the work 
of the said commissions for the preceding year ; the shell 
commissioners shall in like manner report in detail all 
transactions of their several commissions ; the director of 
the JSTew Jersey college experiment station, at Xew 
Brunswick, shall annually file with said bureau a report 
of his experiments in the scientific investigation of oyster 
and clam propagation; all recommendations and reports 
of said commissions shall be made to the chief of said 
bureau ; the said commissions shall forthwith on the 
granting of any lease or license transmit a memorandum 
or copy thereof to said bureau; a copy of all maps and 
surveys of any oyster lands heretofore or hereafter to be 
leased or surs^eyed by said commissions for any purpose 
and a copy of all maps and surveys of any grounds set 
apart for clamming grounds shall be filed forthwith with 
such bureau ; the several oyster commissions, oyster 
superintendents and shell commissioners shall also file 
with said bureau, when required by thQ chief thereof, or 
any record, papers, writings or data pertaining to their 
several offices ; an office for said bureau shall permanently 
be maintained at the state house and there shall be kept at 
all times on file therein all the reports, surveys, papers 
and records aforesaid; it shall be the duty of the chief 
of said bureau to procure and compile certificates and 
information relative to the progress and development of 
the oyster and clamming industry in this and in other 
states and countries, and to secure and keep on file the 
laws of other states regulating such industries ; the chief 



EELATIVE TO CLAMS AND OYSTEKS. 65 

of said bureau shall make a report to the Governor an- 
nually as of ISTovember first, each year, and not later than 
December first, annually of the general condition of the 
oyster and clamming industry of the State and the trans- 
actions of the various commissioners aforesaid during the 
preceding year, and shall transmit therewith the reports 
and recommendations of the oyster commissioners and the 
report of the director of the experiment station, together 
with such recommendations as said bureau may deem ad- 
visable to make, (a) 



V. ACTS KELATING EXCLUSIVELY TO OCEAN 
COUNTY. 

An act to protect the planting and cultivating of oysters 
in the tide waters of the county of Ocean. 

Approved May 11, 1886. 

Be it enacted hy the Senate mid General Assembly 
of the State of Netv^ Jersey: 

1. That any person or persons, citizens of this state, p. l. is86, 
now or hereafter holding, using or occupying any grounds The holding 
lying under the tide waters of the county of Ocean, for use'^grounds 
the planting or cultivating of oysters theireon, not now w^toirf*^ 
known and recognized as natural oyster-seed beds, from Fo'i^cuitiva-'^*^ 
which there is now gathered seed or young oysters for oyste°/s 
planting purposes, shall be confirmed in their holding confirmed, 
or right to use such grounds for the purpose of planting 
and cultivating of oysters, and the oysters planted and 
growing thereon shall be the personal property of the 
person or persons holding, using or occupying the grounds 
as aforesaid ; provided^ the said grounds shall have been Proviso, 
marked by proper stakes, buoys or suitable monuments, 
and oysters shall have been actually planted upon the 
grounds so marked off. 

(a) The original act consisted of one section. This act therefore 
amends the original act in its entirety. 

5 



66 



STATUTE LAW OF i^EW JERSEY 



Persons au- 
thorized to 
plant, &c., 
oysters on 
ground now 
or hereafter 
used or 
occupied. 



Penalty for 
gathering 
oysters, &c., 
without per- 
mission of 
persons hold- 
ing ground. 



Grounds 
used for 
clamming 
not to be 
used for 
oysters. 

Stakes used 
not to im- 
pede naviga- 
tion, &c. 



Who deemed 

trespassers. 



Oysters 
planted for- 
feited to the 
public. 



Act not to 
give right or 
title to lands 
as against 
the state. 



2. That upon the grounds now or hereafter held, used 
or occupied as aforesaid, the person or persons holding, 
using or occupying the same may plant, cultivate and 
gather oysters ; they may shell said grounds and gather 
the oysters that may grow thereon, and all oysters on 
said grounds shall be deemed and taken to be their per- 
sonal property; and every person or persons who shall 
gather, catch or take oysters, clams or shells from any 
lot of ground held, used or occupied as aforesaid, without 
the permission of the person or persons holding, using or 
occupying the same, shall be deemed guilty of a mis- 
demeanor, and upon conviction thereof shall be fined in 
a sum not greater than one hundred dollars, or be con- 
fined in the county jail for a period not exceeding six 
months, or both, at the discretion of the court. 

3. That no grounds now used and set apart for clam- 
ming purposes in said county shall be occupied and used 
for the purpose of planting or cultivating oysters. 

4. That all stakes used for the purpose aforesaid shall 
be elastic and yielding, and shall not impede navigation 
nor interfere with the drawing of seines in any place now 
established and customarily used for seine fishing. 

5. That any person or persons who shall plant oysters 
uj)on any of the natural oyster beds lying under the 
waters aforesaid, now known and recognized as natural 
oyster beds, and from wdiich there is now gathered seed 
or young oysters for planting purposes, shall be deemed 
trespassers, and such planted oysters shall be forfeited to 
the public, who shall have the right and privilege of going 
upon said beds and taking said planted oysters and con- 
verting the same to their own use at any time when it is 
now lawful to take oysters from said natural beds. 

6. That nothing in this act contained shall give any 
person or persons the right or title to any of said lands 
as against the state, and the state may at any time alter 
or repeal this law, or the riparian commissioners may 
make grants the same as if this act had not been passed. 



EELATIVE TO CLAMS AKD OYSTEES. 67 



An Act for the better regulation and control of the taking, 
planting and cultivating of oysters and clams on 
lands lying under the tidal waters of the county of 
Ocean, in the state of jSTew Jersey. 

Approved March 26, 1902. 

Be it enacted by the Seoiate and General Assembly 
of the State of New Jersey: 

1. All oyster grounds, lands and beds included within p. L- 1902, 

" '^ ' . p. 170. 

lands of the state of ISTew Jersey, under the tidal waters ocean county 
of the county of Ocean, shall be under the exclusive regu- mission, 
lation and control of a state oyster commission (known 
as the oyster commission for the district of Ocean county, 
and hereafter whenever the words "commission" or "state 
oyster commission" appear in this act, they shall be held 
to mean the aforesaid state oyster commission for the dis- 
trict of Ocean county), which shall consist of three mem- Members; 

^ ■ term. 

bers, who shall be appointed by the governor of this state 
for a term of three years, and shall continue to hold office 
until the appointment of their sucoessorsi ; the said com- 
missioners shall be oitizensi of this state, and shall be 
directly interested or engaged in the taking, planting and 
cultivating of oysters in the tidal waters of said county 
of Ocean; before entering upon the duties of his office, oath, 
each commissioner shall file with the secretary of state an 
oath that he will faithfully discharge the duties of his 
office, and that he is directly interested or engaged in the 
business of taking, planting and cultivating oysters in 
said tidal waters of said county of Ocean, which oath miay 
be taken before any person authorized toi take oaths or 
affirmations in this state ; each coinmisisioner shall receive Salary, 
an annual salary of two hundred and fifty dollars, pay- 
able quarterly ; two members of the state oyster commis- 
sion shall constitute a quorum at any meeting thereof, 
and any official act shall be valid which has been author- 
ized by a majority of the commissioners at a regular 
meeting ; they shall keep a record of all their official acts Annual 
and proceedings, and shall annually report to the legis- 
lature, which report shall include a- detailed statement of 
all expenditures of money made or authorized to be made 



68 



STATUTE LAW OF IsEW JERSEY 



Give bond. 



Oyster super- 
intendent. 
Term. 

As amended. 
P. L. 1909, 
p. 29.3. 

Salary- 



Bond. 



Duties 
prescribed. 



Powers and 
duties of 
commission. 



by them under the provisions of this act ; before entering 
npon the duties of their office the said commissioners shall 
severall}' enter into bond tO' the state in thci sum of two 
thonsand dollars, with good and sufficient surety, condi- 
tioned foT the faithful performance of their duties, which 
bond shall first bei approved as tO' sufficie^ney by the law 
judge of the said county of Ocean; said bond shall be 
renewed annually. 

2, The Governor of this state shall appoint a person 
to be knov^m as the oyster superintendent, who shall hold 
his office for a term of three years and until his suc- 
cessor is appointed and qualified, at an annual salary of 
one thousand dollars, and which shall be paid in equal 
monthly payments ; before entering upon the duties of 
his office, the oyster superintendent shall give bond to 
the state in the sum of five thousand dollars with good 
and sufficient surety, conditioned for the faithful per- 
formance of his duties, which bond shall be first approved 
as to sufficiency by the law judge of the said county of 
Ocean ; said bond shall be renewed anniially. It shall be 
the duty of the state oyster commission to regulate and 
define the duties of the oyster superintendent, other than 
those duties specifically defined in this act. 

3. The state oyster commissioni shall have power, and 
it shall be their duty toi enforce the provisions of this act, 
and the provisio'ns of all other acts reigulating the taking, 
]3lanting or cultivating of oysters in the tidal waters of 
Ocean county, in this state:, in force and. not repealed by 
this act, and in furtherance! and not in limitation of the 
above provisions they shall have^ power to employ such 
surveyors, guards and other employes: as they may deem 
necessary; and to provide guard-beats and a. sfufficieait 
number of men to protect all oyster beds and groiuids in 
the tidal waters of said county of Oceiaui, in this state; 
and to incair such expenses a;s they may consider proper 
to fully carry out the provisions of this and the said other 
a,ots, and for the preservation and improvement of the 
said oyster beds or grounds; they shall, however, before 
leasing any grounds set apart a portion of the lands under 
the tidal waters of the county of Ocean, to be known and 
held as public clam grounds. 



EELATIVE TO CLAMS AND OYSTEES. 69 

4. The state oyster coanmissiou shall estahlish and office, 
maintain an officei within the county of Ocean, at some 
place convenient to persoms engaged in the^ oyster indus- 
try, which office shall also be the office of thei oyster super- 
intendent; stated meetings of the state' oyster oommis- 
sion shall be held at their office at least once a. month. 

5. The state oyster commission shall have power Lease lands, 
and are hereby directed, as hereinafter' provide|d, to p^h^fioo^ ' 
lease to applicants therefor any of thei lands of the ^'^ 

state under the tidal watersi of the county of Ocean not 
set apart as piiblic clam grounds, save' and excepting 
that part of Barnegat bay bounded on the north by the 
Pennsylvania railroad bridge, at Barnegat pier, and 
on the south by a line drawn from the middle point of 
a point known as Middlei point, on south side of Cedar 
creek, east to Cedar creek lifchsaving station, and also 
all those lands lying under the tidal waters of Great 
bay and Mullica river, north of a line running from 
Gravelling point in a soutliAvesterly course, to the At- 
lantic county line; to be exclusively used and enjoyed Purposes, 
by such lessees for the purpose of taking, planting and 
cultivating of oysters and clams, and fo^r tlie planting 
of shells thereon for propagating purpoisesi; provided^. Proviso. 
JiO'ivever, that no- lease or leases shall be granted to any 
person or persons; who shall not be, at the' time' of granting 
of said lease, and shall not have been for twelve moinths 
next p'receding, ai citizen and actual resident of this state. 

6. Leases may be granted for terms not exceeding ten Terms of 

1-1 1 1 nc rental, 

years, at an annual rental not less than liity cents nor 

more than three dollars per acre or fraction thereof for 

the first ten acres leased and not less than one dollar per 

acre for each additional acre or fraction thereof of the 

land so leased ; the rental for the first year of any lease 

shall be paid at the time the lease is granted, and the 

yearly rental for each succeeding year of said lease shall 

be paid within thirty days after the beginning of said 

year ; failure to pay said rentals at the time or times Failure to 

herein directed shall, as hereinafter provided, cause the FeYse. 

lease or leases of the person or persons so failing to pay 

said rentals to become forfeited, and the right of said per- 



70 



STATUTE LAW OF :NEW JEKSEY 



Demand to 
be made. 



Hearing. 



Cancellation 
of lease. 



Re-leased. 



Proviso. 



son or persons to tlie oyster ground or grounds to cease; 
and the state oyster commission shall cause the said lease 
or leases upon which said rent is due and unpaid as afore- 
said to be canceled upon the books of the state oyster com- 
mission, and said forfeited ground or grounds may be 
hereafter leased to any resident of this state as above pro- 
vided; but before said lease or leases shall be canceled 
and the right of any person or persons to the oyster 
ground or grounds held thereunder shall be forfeited as 
above mentioned, the state oyster commission shall cause 
notice to be personally served upon said lessee or lessees, 
directing him, her or them to appear before said com- 
mission, at their office, v^ithin thirty days from the ser- 
vice of said notice, and shov^ cause, if any there be, why 
said lease or leases should not be canceled, and why the 
right of said lessee or lessees to longer hold said oyster 
ground or grounds thereunder should not be forfeited; 
and if such lessee or lessees so appear and show sufficient 
cause why said rental has not been paid, and why said 
right to said ground or grounds should not be forfeited 
and at the same time tender the money due for said rental 
and pay the costs of the said notice, the state oyster com- 
mission shall direct the oyster superintendent to accept 
said moneys and the rights of said person or persons shall 
not be forfeited because of said failure; and in case of 
the failure of said lessee or' lessees tO' soi appear and show 
cause as aforesaid, the said lease or leases shall be can- 
celed as above provided and the right of said j)erson or 
persons to longer hold said leased ground or grounds shall 
be declared by the state oyster commission to be for- 
feited ; and the state oyster commission shall in such case 
fix a sufficient time within which the oysters upon said 
forfeited grounds shall be. removed by the person or per- 
sons owning said oysters, and shall cause notice of the 
time so fixed to be personally served upon said person or 
persons, and the said ground or grounds shall not be leased 
to any person until after the expiration of the time so 
fixed ; 'provided, however, that wherever personal service 
is herein required, and the lessee of lessees shall at the 
time of said service be absent from the state, then the said 



EELATIVE TO CLAMS ANB OYSTEES. Tl 

commission shall cause to be published a copy of said 
notice in at least one newspaper published in said county 
of Ocean, for a j)eriod of at least four weeks, and said 
publication shall be considered as personal service. 

7. Any person or persons having, on the fifteenth day First right 
of Siepteniber, annO' doniini one thousand nine hundred 

and one, ground or grounds staked up in said tide waters 
of Ocean county under any present law, usage or custom, 
shall be first entitled to apply for and receive a lease or 
leases for such ground or grounds ; provided, applica- Proviso, 
tion therefor, in writing, be filed at the office of the state 
oyster commission within sixty days after this act shall 
take eifect, in default of which application the commis- 
sion shall have power thereafter to lease such ground or 
grounds to any resident of this state, as above provided ; 
and at the expiration of the term of any lease the same 
shall be renewed to the original lessee or lessees ; pro- proviso. 
vided, such lessee or lessees apply therefor within sixty 
days from the expiration of the term of such lease ; and 
if application for any lease or renewal thereof for ground 
or grounds named in this section is not filed within the 
time limited, the state oyster commission shall fix the 
time within which the oysters upon said ground or 
grounds shall be removed by the person or persons o'svn- 
ing said oysters, and shall cause notice of said time so 
fixed to be at once personally served upon said person or 
persons, and the said ground or grounds shall not be 
leased to others until after the expiration of the time so 
fixed. 

8. The state oyster commission shall, from time to Boundaries 

,.. ifT 111 ^^*l maps. 

time, as applications are made lor leases, cause the lands 
leased under said tidal waters of Ocean county tO' be 
measured, and the metes and bounds thereof ascertained 
and located by ranges, monuments or other means, so that 
the limits of the lands embraced within such leases may 
be accurately fixed and easily located; the state oyster 
commission shall cause such leased lands to be mapped, 
and the said miapSi to he. filcid in the office of the state 
oyster commission, and shall also cause the leiase so made 



T2 



STATUTE LAW OF iN^EW JEESEY 



No privilege 
intended. 



Proviso. 



As amended, 
P. L. 1903, 
p. 638. 
License for 
tonging on 
seed beds. 



Record of. 



Proviso. 



Proviso. 



Qualifica- 
tions of 
lessee and 
licensee. 



to be recorded in books kept in the office of the state oyster 
commission for that purpose. 

9. ISTothing in this act shall be interpreted to 
strengthen, confirm or verify the title of any person to 
any lands excepted from leaseholds by the provisions of 
section five of this act; provided, liowever, that any per- 
son who has held and planted grounds within the limits 
therein excepted shall be gTanted two years' time from 
June first; one thousand nine hundred and two, in which 
to remove said oysters and cultch planted thereon by him. 

10. The oyster superintendent shall issue a license, 
duly certified by himself, to each and every person enti- 
tled by law to engage in tonging or catching oysters on 
the state seed beds in the said tidal waters of Ocean 
county, that shall pay the license fees fixed therefor by 
this act ; and no person shall catch or tong for oysters on 
state seed beds in the said tide waters of Ocean county, in 
this state, without first obtaining a license for that pur- 
pose from the said oyster superintendent, and paying to 
him therefor the license fee of two dollars and fifty cents ; 
no license shall be issued for a longer period than one 
year; all licenses shall be numbered and recorded in a 
book kept for that purpose in the office of the state oyster 
commission ; each person so licensed shall at all times, 
while engaged in operating under such license, display in 
plain view, upon the port bow of his boat, the number of 
said license in black figures at least six inches in length ; 
and upon the failure or neglect of any person so licensed 
to so display said number as above required, such person 
so neglecting or failing shall forfeit said license ; pro- 
vided, lioivever, that a period of five days shall be given 
after issuing^ said license for such person to comply with 
the above requirement; provided further, that no person 
without a license shall gather more than two bushels of 
oysters in any one day. 

11. The state oyster commission, before issuing any 
lease to any person as provided for in this act, shall cause 
the person applying for said lease to make and file with 
them an oath that he is a citizen and actual resident of 
this state, and has been for twelve months next preceding 



RELATIVE TO CLAMS AIv^D OYSTERS. Y3 

such application, and that he will properly plant or cause 
to be planted and cultivate oysters thereon ; and the 
oyster superintendent, before issuing any license to any 
person to catch oysters or engage in the oyster business, 
shall cause the person applying for such license to make 
and. file with him an oath that he is a citizen and actual 
resident of this state, and has been for twelve months next 
preceding said application ; such oaths may be made and 
taken by and before the several members of the state 
oyster commission and the said oyster superintendent; 
and the state oyster commission shall have power to re- 
voke any lease or license issued by reason of any false 
oath. 

12. All unexpired licenses issued by the state oyster Licenses of 
shell commission previous to the time when this act shall commission 
take effect, shall remain in full force and virtue for the in force, 
unexpired terms thereof, and shall have the same force 

and ejffect as licenses issued by the oyster superintendent. 

13. The secretary of the state :0yster shell co^mmission List of sheii 
is hereby required, within fifteen days after this act shall nished oyster 
take effect, to prepare and deliver to the said oyster super- ent.^ 
intendent, a written or printed statement showing the 

names of all persons previously licensed by said shell 
commission within the bounds of Ocean county whose 
licenses shall not then have expired ; which statement 
shall also show the numbers of the said licenses issued by 
them. 

14. All money duo for around rentals, license fees or Fees and 

rents col- 

O'therwise made collectible under the provisions, of this lectibie. 
act, shall be received and collected by the oyster supierin- 
tendent, for the sole use of the state of ISTew Jersey, as 
public money belonging tO' the state, and shall be a,C!- 
counted for and paid over as such in manner hereinafter 
provided. 

15. The oyster superintendent shall keep an account As amended, 
of all fees and moneys received by him pursua.nt to tlie p. 638. ^ ^^^ 
provisionsi of this act, for the use of the state, and shall, intendent's 

ir / ^ ' report to 

. on or before the tetnth day of each month, make a, full comptroller, 
itemized statement and return, verified by oath, tO' the 
comptroller, of all money collected or received as afore;- 



74 STATUTE LAW OF NEW JEESEY 



Report to 
oyster com- 
mission. 



Proviso. 



Proviso. 



As amended. 
P. L. 1903, 
p. 638. 
Tonging in 
Ocean county. 
Proviso. 



Proviso. 



Culling. 



said, upon blanls; containing form of the said statement 
and oath, to be furnished tO' the oyster superintendent by 
the comptroller, a,nd thei said statements^ shall bei filed in 
the office of the comptroller, there to remain as public 
records; said statements shall be audited forthwith by 
said comptroller, and on or before thei fifteenth day of 
each month said oyster superintendent shall pay over the 
amount of such money received to the state treasury ; he 
shall also make detailed monthly reports, verified by oath, 
to the state oyster commission of all moneys, collected or 
received by him ; all bills incurred by the state oyster 
commission in carrying out the pro'^dsions of this act 
shall be certified by the state oyster commission tO' the 
state comptroller monthly, for pia,ymem.t, and he shall 
draw his warrant on the state treasury therefor; p'O- 
videdj, Jiow^ever, that any excess of such receipts, over the 
expenditure for any fiscal year shall, for the purpose of 
this' act, be accounted as receipts of the next succee:ding 
fiscal year; 'provided further, that the provisions of this 
section shall not apply to any money appropriated by the 
legislature for surve)^ purposes. 

16. ISTo oysters or clams shall be tonged for, raked, or 
taken from any of the unleased lands of the state under 
tidal waters of the county of Ocean ; provided, that this 
section shall not prevent the taking of see^d oysters from 
the lands set apart for state secid beds from, and including 
the first day of October to and including the thirtieth day 
of April of each year ; provided further, that this section 
shall not prevent the taking of clams from the grounds set 
apiart for clamming purposes ; nO' oysters> shall be t.aken 
from any leased lands or state seed beds except between 
sunrise and sunset. 

11. All oysters, oyster shells and other miaterial tonged, 
or in any manner raised or taken from any of the natural 
oyster-sieed beds, shell beds or reefs under the tidal waters 
of the county of Ocean, in this state, shall be' culled as 
soon as the same are emptied out. of the tongs on the- cull- 
ing board or deck of the boat or vessel einployed for the 
purpose, and before thei same a.re shoveled ba.ck from that 
portion of the^ boat used for emptying the tongs ; and all 



EELATIVE TO CLAMS AXD OYSTEES. 75 

shells and otlieT m;a,terial, exoepit. oystei's, sliall be immedi- 
ately thro>wii hack upon tliei beds or gTound from whicth 
the same' shall have been, taken ; all such oysters, oyster 
sliells and other material shall bei enlleid as afoTesiaad so 
cJosely that three bushels theireof taken from any portion 
of a, declc load of oysters, after the same> shall have been 
shoveled back from that part of the deck used for empty- 
ing the tongs aforeisaid, shall noti contain moxe than 
fifteen p^er centum^ of shellsi and other material; and if Not culling 

1 n 1 /• n ^ misde- 

any person or persons shall neglecti or reius© toi cull as meanor. 
aforesaid all such oysters, oyster' shells and other material, 
he 01* they shall bei deemed guilty of a, misdemeanor; 
"when any peirson or persons licensed uuider the provisions Right to 
of this act is hailed or' signaled by any officer of the statei and examine 
oyster commission and refuses toi stop- and permit any ^^^^°' 
officer or officers of said state oyster commission to board 
his or their boat, vessel or other craft and examinei the 
oysters, oyster shells and other material on such boat, ves^ 
sel or other craft as: aforesaid, the said oyster com^mission 
shall have power to revoke the license or licenses of said 
person or persons; so refusing as aforesaid. 

18. The members of the state oyster commission, the Power of 

'^ . ' arrest. 

oyster superintendent and the several captains or' masters 
of gTiard-boats are hereby empowered, and it shall be 
their duty, on view, v^dthout special warrant issued for 
that purpose, toi arrest any person engaged inrthe viola- 
tion of any of the provisions, of this act. or the provisions 
of any other law of this state regulating the taking, plant- 
ing or cultivating of oysters in the tidal waters of said 
county of Ocean, in force and not repealed by this act. 

19. It shall be the duty of the state oyster commission Revoke 
to revoke the license of any person who shall violate or 
cause to be violated any of the provisions of this act or 

the provisions of any other law of this state regulating the 
taking, planting or cultivating of oysters in the tidal 
waters of said county of Ocean in force and not repealed 
by this act ; and said commission shall have power to 
■refuse thereafter to allow any license to be issued to such 
person for such period of time as the commission may fix 
and determine. 



76 



STATUTE LAW OF ^E,W JEESEY 



Act 
construed. 



No dredging 
on unleased 
grounds. 

Proviso. 



Penalty for 
violating 



act. 



Repealer. 



20. ISTothiiig in this act shall be in anywise construed 
to authorize or allow any person or persons, boat or ves- 
sel, to engage or be employed in the business of taking, 
planting or cultivating oysters in the tidal waters of 
Ocean county, or any creek or river tributary thereto, in 
this state, who or which are prohibited from engaging or 
being employed in said business, by laws of this state in 
force at the time of the adoption of this act. 

21. 'No person or persons shall cast, throw or use a 
dredge upon any of the unleased oyster grounds of this 
state under the tidal waters of the county of Ocean ; pro- 
vided, that any person holding planted oyster land leased 
from said state oyster commission may dredge upon his 
own leased land. 

22. Any person or persons violating any of the pro- 
visions of this act, or the provisions of any other law 
of this state regulating the taking, planting or cultivating 
of oysters in the tidal waters of said county of Ocean, in 
force and not repealed by this act, shall be deemed guilty 
of misdemeanor, and on conviction thereof shall be pun- 
ished by a fine not exceeding one thousand dollars, or 
imprisonment in state prison not exceeding five years, or 
both, at the discretion of the court. 

23. All acts and parts of acts, general or special, incon- 
sistent with the provisions of this act, are hereby repealed, 
and this act shall take effect immediately. 



p. L. 1905, 
p. 337. 

Penalty for 
tonging, &c., 
without 
permission. 



Supplement to the act entitled "An act for the better 
regulation and control of the taking, planting and 
cultivating of oysters and clams on lands lying under 
the tidal waters of the county of Ocean, in the 
State of ISTew Jersey," approved March twenty-sixth, 
one thousand nine hundred and two. 

Approved April 20, 1905. 

1. No person or persons shall hereafter use any 
dredge, tongs or rake upon any lands leased to any one 
under the provisions of the act to which this is a supple- 
ment, except the lessee or lessees thereof, without per- 
mission of the lessee or lessees thereof, and any one 



KELATIVE TO CLAMS AND OYSTEKS. 7T 

offending against the provisions of this supplement is 
hereby liable to the penalty prescribed in section twenty- 
two of the act to which this is a supplement. 

2. All acts and parts of acts inconsistent herewith be Repealer, 
and the same hereby are repealed, and this act shall take 
effect immediately. 



OTSTEE ACT APPLICABLE TO ATLAI^TIC 
COUITTY. 

An Act for the better regulation and control of the taking, 
planting and cultivating of oysters and clams on 
lands lying under the tidal waters of the county of 
Atlantic, in the state of ISTew Jersey. 

Approved March 30, 1905. 

Be it enacted ty the Senate and General Assembly 
of the State of New Jersey: 

1. All oyster grounds, lands and beds included within control of 

,,„, f^-r T n 1 •!! oyster lands 

lands 01 the state oi JN ew J ersey under the tidal waters in Atlantic 
of the county of Atlantic shall be under the exclusive 
regulation and control of a state oyster commission 
(known as the oyster commission for the district of At- 
lantic county, and hereafter whenever the words "com- 
mission" or "state . oyster commission" appear in this oyster com- 
act they shall be held to mean the aforesaid state oyster 
commission for the district of Atlantic county), which 
shall consist of three members, who shall be appointed by 
the governor of this state for a term of three years, and 
shall continue to hold office until the appointment of 
their successors ; the said commissioners shall be citizens 
of this state and Atlantic county ; before entering upon oath. 
the duties of his office each commissioner shall file with 
the secretary of state an oath that he will faithfully dis- 
charge the duties of his office, which oath may be taken 
before any person authorized to take oaths or affirmations 
in this state ; each commissioner shall receive an annual Salary. 
salary of five hundred dollars for the first year and three 
hundred dollars for each year thereafter, payable quar- 
terly; two members of the state oyster commission shall 



78 



STATUTE LAW OF ITEW JERSEY 



Records. 



Report. 



Bond. 



Oyster super- 
intendent ; 
salary, bond, 
duties. 



Power and 
duty of state 
oyster com- 
mission. 
As amended. 
P. L. 1908, 
p. 464. 



Protect 
oyster beds. 



constitute a quorum at any meeting thereof, and any 
official act shall be valid which has been authorized bj a 
majority of the commissioners at a regular meeting; they 
shall keep a record of all their official acts and pro- 
ceedings, and shall annually report to the bureau of shell 
fisheries, which report shall include a detailed statement 
of all expenditures of money made or authorized to be 
made by them under the provisions of this act ; before 
entering upon the duties of their office the said commis- 
sioners shall severally enter into a bond to the state in the 
sum of one thousand dollars, with good and sufficient 
surety, conditioned for the faithful performance of their 
duties, which bond shall first be approved as to sufficiency 
by the law judge of the said county of Atlantic; said 
bond shall hold for the term of three years. 

2. The governor of this state shall appoint a person 
to be known as the oyster superintendent, who shall be a 
citizen of Atlantic county, to hold office for a term of 
three years, at an annual salary of one thousand dollars, 
and which shall be paid in equal monthly payments; 
before entering upon the duties of his office the oyster 
superintendent shall give bond to the state in the sum 
of five thousand dollars, with good and sufficient surety, 
conditioned for the faithful performance of his duties, 
which bond shall be first approved as to sufficiency by 
the law judge of the said county of Atlantic ; said bond 
shall be for the term of three years ; it shall be the duty 
of the state oyster commission to regulate and define the 
duties of the oyster superintendent, other than those 
duties specifically defined in this act. 

3. The state oyster commission shall have power, and 
it shall be their duty to enforce the provisions of this act 
and the provisions of all other acts regulating the taking, 
planting and cultivating of oysters in the tidal waters of 
Atlantic county, in this state, in force and not repealed by 
this act, and in furtherance and not in limitation of the 
above provisions they shall have power to employ such 
surveyors, guards and other employes as they may deem 
necessary, and to pirovide: guard-boats and a, sufficient 
number of men to protect all oyster beds and grounds in 



EELATIVE TO CLAMS AND OYSTERS. 79 

tlie tidal waters of said county of Atlantic, in this, states ; 
and to incur such expenses as they may consider proper 
to fully carry out the provisions of this and the said other 
acts, and for the preservation and improvement of the 
said oyster beds or grounds; they shall, however, before 
leasing any grounds set apart a portion of the lands under 
the tidal waters of the county of Atlantic, to be known 
and held as public clam grounds, and all natural seed Public dam 
beds, and any other lands under the tidal waters of the feedbeds^.^ 
county of Atlantic, which the commissioners shall con- 
sider suitable and necessary for the imj)rovement, preser- 
vation and extension of the seed beds or propagating 
grounds. J^o oysters shall be taken in any manner what- Taking 
soever from any natural seed beds, grounds or other lands seed^beds""^ 
under the tidal waters of the county of Atlantic which 
the commissioners have heretofore or may hereafter set 
apart as suitable and necessary for the improvement, 
preservation and extension of the seed beds and propa- 
gating grounds, except from and including the first day 
of October of any year to and including the thirtieth day 
of April of each succeeding year. 

4. The state oyster commission shall establish and oiflce. 
maintain an office within the county of Atlantic, at some 
place convenient to persons engaged in the oyster in- 
dustry, which office shall also be the office of the oyster 
superintendent ; stated meetings of the state oyster com- 
mission shall be held at their office at least once a month. 

5. The state oyster commission shall have power and ^^f^^^^g 
are hereby directed, as hereinafter provided, to lease to 
applicants therefor any of the lands of the state under 

the tidal waters of the county of Atlantic not set apart 
as public clam grounds, save and excepting those lands 
set apart as natural seed beds and grounds, to be exclu- 
sively enjoyed by such lessees for the taking, planting and 
cultivating of oysters; provided, hoivever, that no lease proviso, 
or leases shall be granted to any jDerson who shall not be 
at the time of granting said lease or leases, and shall not 
have been for twelve months next preceding, a citizen and 
actual resident of this state ; provided, that no lease shall Proviso, 
be granted for more than ten acres ; and provided further. Proviso, 
that nothing in this act shall be construed to give said 



80 



STATUTE LAW OF EEW JEESEY 



Terms of 
lease. 



Unpaid 
leases can- 
celed. 



Upon proper 
showing 

lease not 
forfeited. 



commissioners any jurisdiction or control over any lands 
to which the riparian grant has been made by the riparian 
commissioners of this state. 

G. Leases may be granted foT terms not ecsceeding 
ten years at an annual rental of not less than one dol- 
lar nor moa-e than three dollars peor acrei, or fraction 
thereof; the rental for the first year of any lease shall 
be paid at the time the lease is granted, and the yearly 
rental for each sncceeding yeax of said lease shall be 
paid within, thirty days after the beginning of said year : 
failnre to pay said rentals at the time; or times, herein 
directed shall, as hereinafteir provided, cause the. lease 
or leases of the person or peirsons. so failing tO' pay said 
rentals to become forfeited, and the right of said person 
or persons to the oyster ground or groundsi tO' ceiase; 
and the state oyster commission shall cause the said 
leasC' Oir leases upon which said rent is due and unpaid as 
aforesaid to be canceled upion the' books of the state oyster 
commission, and said forf eited ground or grounds may be 
hereafter leased tO' any resident of this statei, as above pro- 
vided for-; but before said lease or leases^ shall be can- 
celed and the right of any person or persons to the oyster 
ground or grounds held thereunder shall be forfeited 
as above mentioned, the state oyster commission shall 
cause notice tO' bei served personally upon said lessee 
or lessees directing him, her or them to appeiar before 
said commission at their office within thirty days from 
the service of said notice, and. show cause, if any there 
be, why said leiase or leiases should not be canceled, 
a-nd why the right of said lessee or lessees to longer 
hold said oyster ground or groundsi thereunder should 
not be forfeited; and if such lessee or lessees s'O' appear 
and show sufficient cause why said rental has, not been 
paid, and why said right to said ground or grounds 
should not be. forfeited, and at the same timei tender 
the money due' for said rental, and pay the costs, of 
the said notice, the state oyster commission shall direct 
the oyster superintendent, toi accept said moneys, and t.he 
rights of said person, or persons shall not be forfeited be^ 
cause of said failure ; and in case of the failure of said 



EELATIVE TO CLAMS AND OYSTEES. 81 

lessees to so' ai>pear and show cause as aforesaid, the said 
lease' or leasee shall he canceled as ahovei provided, and 
the right of said person ox persons to longer hold said 
leased ground or gTonnds shall be declared by the state 
oyster commission to be forfeited ; and the state oyster 
commission shall in such oasiei fix a sufficient time within 
which the oysters upon said forfeited ground shall be re- 
moved by tlie person or peirsons owning said oysters., and 
shall cause notice of the time soi fixed to be personally 
served upon said person or' persons^, and the said ground 
or gTounds shall not be leased tO' any person until after 
the expiration of the time so- fixed ; promded, how^ever, proviso 
that whenever personal service is herein required, and 
the lessee or lessees' shall at time of said servioei be absent 
from the state:, then thei said commission shall cause to- be 
published a copy of said noticei in at least one newsipaipier 
published in said county of Atlantic for a, period of at 
least four weeks, and said publication shall be' considered 
as personal service. 

7. Any 2>erson or persons having, on the fifteenth day First enti- 
of September, anno domini one thousand nine hundred lease, 
and one, ground or grounds staked upi in said tide waters 
of Atlantic county under any present law, usage or cus- 
tom, shall be first entitled to apiply for and receive a lease 
or leases for such groiui-d or grounds; promded, a,prplica- proviso, 
tion therefor, in writing, be filed at the- office of the state- 
oyster commission within sixty days after this act shall 
take e-ffect, in default of which application the commis- 
sion shall have power thereafter to- lease such ground or 
grounds to- any resident of this st-at-ei, as above pirovided, 
and at the: expiration of the term of any lease the 
same shall be renewed to- the original lessee' or lessees; 
■provided, such lessee or leiseees apiply therefor within Proviso, 
sixty days from the expiration of the term of such lea-se; 
and if apiplication for any lease or renewal thereof for Renewal of 
ground or grounds named in this' section is not filed 
within the time' limited the state oyster commission: shall 
fix a time within which the oysters upon said ground or 
grounds shall be removed by the person or persons' own- 
ing said oysters, and shall cause- notice of said time so 

6 



82 



STATUTE LAW OF NEW JEESEY 



Proviso. 



Lands 

measured, 

marked. 



Maps. 



Right to 
occupy. 



Proviso. 



License to 
take oysters. 
As amended. 
P. L. 1903, 
p. 466. 



Fee. 
Record of. 



fixed to be at once pei'vsoiially served upon said person or 
persons, and tlie said ground or grounds sliall not be 
leased to^ others until after the expiration of the time so 
fixed ; 'provided, that this section shall not apply toi any 
lands set apart as seed beds or propagating grounds, as 
provided for in section three of this act. 

8. The state oyster commission shall, from time to 
time, as applications are made for leases, cause the lands 
leased under said tidal waters of Atlantic county to be 
measured and the metes and bounds thereof ascertained 
and located by ranges, monuments or other means, so that 
the limits of the land embraced within such leases may 
be accurately fixed and easily located; the state oyster 
commission shall cause such leased land to be mapped, 
and the said maps to be filed in the office of the state 
oyster commission and of the bureau of shell fisheries, 
and shall also cause the lease so made to be recorded 
in books kept in the office of the state oyster commission 
for that purpose. 

9. ^Nothing in this act shall be interpreted to 
strengthen, confirm or verify the title of any person to 
any lands excepted from leasehold by the provisions of 
section five of this act ; provided, however, that any per- 
son who has held and planted grounds within the limits 
therein excepted shall be granted one year's time from 
June first, one thousand nine hundred and five, in which 
to remove said oysters and cultch planted thereon by him. 

10. The oyster superintendent shall issue a license, 
duly certified by himself, to each and every person enti- 
tled by law to engage in tonging or catching oysters on 
the state seed beds and grounds in the said tidal waters 
of Atlantic county that shall pay the license fees fixed 
therefor by this act; and no person shall catch or tong 
for oysters on state seed beds and grounds in the said tide 
waters of Atlantic county, in this state, without first ob- 
taining a license for that purpose from the said oyster 
superintendent and paying tO' him therefor the license 
fee of two dollars and fifty cents ; no license shall be 
issued for a period longer than one year; all licenses 
shall be numbered and recorded in a book kept for that 



EELATIVE TO CLAMS AND OYSTEES. 83 

purpose in the office of the state oyster commission ; each ncense^ 
person so licensed shall at all times, while engaged in ^"•^'^s'^"- 
operating imder such license, display in plain view upon 
the port bow of his boat the number of said license in 
black figTires at least five inches in length ; and upon the 
failure or neglect of any person so licensed to so display 
said number as above required, such person so neglecting 
or failing shall forfeit said license. Any license issued 
under the provisions of this act shall be valid and ef- 
fectual for the tonging or catching of oysters on state seed 
beds and grounds under the tidal waters of the county of 
Ocean ; provided, said license issued under the provisions 
of this act shall be first endorsed by the oyster superin- 
tendent in and for said county of Ocean. 

11. The state oyster commission, before issuing any statement 
lease to any person as provided for in this act, shall cause for Ucense. 
the person applying for said lease to make and file with 

them an oath that he is a citizen and actual resident of 
this state, and has been for twelve months next preceding 
such application, and that he will properly plant, or 
cause to be planted, and cultivate oysters thereon ; and 
the oyster superintendent, before issuing any license to 
any person to catch oysters or engage in the oyster busi- 
ness, shall cause the person applying for' such license to 
make and file with him an oath that he is a citizen and 
actual resident of this state, and has been for twelve 
months next preceding said application ; such oaths may 
be made and taken by and before the several members of 
the state oyster commission and the said oyster superin- 
tendent ; and the state oyster commission shall have 
power to revoke any lease or license issued by reason 
of any false oath ; provided further, however, that no Proviso, 
person shall acquire by lease more than ten acres ; and Proviso. 
provided further, that no lands acquired by lease shall 
be sub-let under penalty of cancellation of said lease. 

12. All unexpired licenses issued by the state oyster unexpired 

'^ • 1 1 • 1 n licenses of 

shell commission previous to the time when this act shall sheii com- 

. mission. 

take effect shall remain in full force and virtue for the 
unexpired terms thereof, and shall have the same force 
and effect as licenses issued by the oyster superintendent. 



84 



STATUTE LAW OF :^EW JEESET 



List of un- 
expired 
licenses. 



All moneys 
paid to 
state. 



Statement 
of fees re- 
ported 
monthly to 
comptroller. 



Proviso. 



13. The secretary of the state oyster shell commission 
is hereby required, within fifteen days after this act shall 
take effect, to prepare and deliver to the said oyster super- 
intendent a written or printed statement showing the 
names of all persons previously licensed by said shell 
commission wathin the bounds of xltlantic county whose 
licenses shall not then have exjoired, which statement 
shall also show the numbers of the said licenses issued 
by them. 

14. All money due for ground rentals, license fees or 
otherwise, made collectible under the provisions of this 
act, shall be received and collected by the oyster superin- 
tendent, for the sole use of the state of !Xew Jersey, as 
]3ublic monej^ belonging to the state, and shall be ac- 
counted for and paid over as such in manner hereinafter 
provided. 

15. The oyster superintendent shall keep an account 
of all fees and moneys received by him pursuant to the 
provisions of this act for the use of the state, and shall, 
on or before the tenth day of each month, make a full 
itemized statement and return, verified by oath tO' the 
comptroller, of all moneys collected or received as afore- 
said, upon blank containing form of the said statement 
and oath, to be furnished to the oyster superintendent 
by the coinptroUer, and the said statements shall be filed 
in the ofiice of the comptroller, there to remain as public 
records ; said statements shall be audited forthwith by 
said comptroller, and on or before the fifteenth day of 
each month said oyster superintendent shall pay over the 
amount of such money received tO' the state treasurer ; he 
shall also make detailed monthly reports, verified by 
oaths, to the state oyster commission of all moneys col- 
lected or received by him ; all bills, incurred by the state 
oyster commission in carrying out the provisions of this 
act shall be certified by the state oyster commission to 
the state comptroller monthly for payment, ,and he shall 
draw his warrant on the: state treasurer therefor; pro- 
vided, how<€ver, that any excess of such receipts over the 
expenditure for any fiscal year shall, for the purpose of 
this act, be accounted as receipts of the next succeeding 



EELATIVE TO CLAMS AND OYSTEES. 85 

• 

fiscal year ; pron)ided furtlier, that the^ pirovisions of thisi P'^o'*''so- 
section shall not apply to any money appropriated by the 
legislature for survey purposes. 

16. ISTo oysters or clams shall be planted upon, tonged Unieased 
for, raked or taken from any of the unieased lands of be used, 
the state under the tidal waters of the county of Atlantic : p- l- i908, 

.p. 444. 

provided, that this section shall not prevent the taking proviso, 
of seed oysters from the lands set apart for sta,te seed 
beds and grounds from and including the first day of 
October of any year to and including the thirtieth day 
of April of each succeeding year ; provided further, that proviso, 
this section shall not prevent the taking of clams from 
the grounds set apart for clamming purposes. 'No oysters 
shall be taken from any state seed beds and grounds, 
except between sunrise and sunset. 

17. All oysters, oyster shells and other material ^yu*°„ 
tonged or in any manner raised or taken from any of 

the natural oyster-seed beds; and grounds, shell beds or 
reefs under the tidal waters of the county of Atlantic, in 
this state, shall be culled as soon as the same are emptied 
out of the tongs on the culling board or deck of the boat 
or vessel employed for the purpose, and before the same 
are shoveled back from that portion of the boat used for 
emptying the tongs ; and all shells and other material, 
except oysters, shall be immediately thrown back upon 
the beds or ground from which the same shall have been 
taken; all such oysters, oyster shells and other material 
shall be culled as aforesaid so closely that three bushels 
thereof taken from any portion of a deck-^oad of oysters, 
after the same shall have been shoveled back from that 
part of the deck used for emptying the tongs aforesaid, 
shall not contain more than ten per centum of shells and 
other material ; and if any person or persons shall neglect Rigiitto 

p . ini stop boat 

or refuse to cull as aforesaid all oysters, oyster shells and and inspect, 
other material, he or they shall be deemed guilty of a 
misdemeanor ; when any person or persons licensed under 
the provisions of this act is hailed or signaled by any offi- 
cer of the state oyster commission and refuses to stop 
and permit any officer or officers of said state oyster 



86 



STATUTE LAW OF 2sTEW JERSEY 



Power to 
arrest with- 
out warrant. 



Revocation 
ol license. 



Proliibited 
persons and 
boats. 



Not dredge 
on unleased 
grounds. 



Proviso. 



commission to board his or tlieir boat, vessel or other 
craft and examine the oysters, oyster shells and other 
material on such boat, vessel or other craft as aforesaid, 
the said oyster commission shall have power to revoke the 
license or licenses of said person or persons so refusing 
as aforesaid. 

*18. The members of the state oyster commission, the 
oyster superintendent and the several captains or masters 
of guard-boats are hereby empowered, and it shall be 
their duty on view, without special warrant issued for 
that purpose, to arrest any person engaged in the violation 
of any of the provisions of this act, or the provisions of 
any other law of this state regulating the taking, planting 
or cultivating of oysters in the tidal waters of said county 
of Atlantic in force and not repealed by this act. 

19. It shall be the duty of the state oyster commis- 
sion to revoke the license of any person who shall violate, 
or cause to be violated any of the provisions of this 
act, or any other law of this state regulating the taking, 
planting or cultivating of oysters in the tidal waters of 
said county of Atlantic in force and not repealed by this 
act; and said commission shall have power to refuse 
thereafter to allow any license to be issued to such person 
for such period of time as the commission may fix and 
determine. 

20. ISTothing in this act shall in anywise be construed 
to authorize or allow any person or persons, boat or ves- 
sel to engage or be employed in the business of taking, 
planting or cultivating oysters in the tidal waters of 
Atlantic county, or any creek or river tributary thereto, 
in this state, who or which are prohibited from engaging 
or being employed in said business by laws of this state 
in force at the time of the adoption of this act. 

21. ISTo person or persons shall pass, throw or use a 
dredge upon any of the unleased oyster grounds of this 
state under the tidal waters of the county of Atlantic ; 
provided, that any person holding planted oyster land 
leased from said state oyster commission may dredge 
upon his own leased land. 



EELATIVE TO CLAMS AND OYSTEES. 87 

22. Any person or persons violating any of the pro- yfo'iation of 
visions of this act, or the provisions of any other law of ^^*^" 

this state regulating the taking, planting or cultivating 
of oysters in the tidal waters of said county of Atlantic 
in force and not repealed by this act, shall be deemed 
guilty of misdemeanor, and on conviction thereof shall 
be punished by a fine not exceeding one thousand dollars, 
or imprisonment in state prison not exceeding five years, 
or both, at the discretion of the court. 

23. All acts and parts of acts, general or special, in- Repealer, 
consistent with the provisions of this act are hereby 
repealed, and this act shall take efi^ect immediately. 



CONTENTS. 



PAGES 

I. Act for preservation of clams and oysters 2-18 

II. Miscellaneous general acts 18-25 

III. Acts applicable to Delaware bay, Delaware river, Maurice River Cove 

and Raritan bay 26-54 

IV. Oyster act applicable to Shark river, Monmouth county 54-60 

V. Act for scientific investigation of oysters 61 

VI. Act providing for marking and designation of channels in Ocean, 

Atlantic and Cape May counties 62 

VII. Acts creating bureau of shell fisheries 63 

VIII. Acts relating exclusively to Ocean county 65-77 

IX. Acts relating exclusively to Atlantic county 77-87 



LIBRARY OF CONGRESS 

lllli 



002 911 446 8 



